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(영문) 대법원 2013.12.26 2013도13007

모욕

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

According to the reasons, the court below ruled that the defendant committed the crime of this case in a state of mental disorder and mitigated the punishment against the defendant.

In light of the record, it is not deemed that the defendant had reached the state of mental disorder at the time of committing the instant crime.

Therefore, the judgment of the court below did not err in the misapprehension of the judgment on mental or physical disability as alleged in the grounds of appeal.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed, and thus, in this case where a fine has been imposed against the defendant, the argument that the punishment is too unreasonable

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.