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(영문) 대법원 2017.02.21 2016도21095

모욕

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly adopted and examined by the lower court and the first instance court on the grounds of Defendant B’s appeal, the lower court’s finding Defendant B guilty of the facts charged in this case on the grounds stated in its reasoning is justifiable.

There is no error of exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules.

2. On the grounds of the prosecutor’s appeal, the court below reversed the judgment of the first instance court which found Defendant A guilty on the grounds that there is no proof of crime as to the facts charged in this case against Defendant A, and sentenced Defendant A not guilty.

Examining the record, the above determination by the court below is justifiable.

There is no error of exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules.

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