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(영문) 대법원 2016.11.24 2016도6186

모욕

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly admitted and examined by the lower court and the first instance court on the Defendant’s grounds of appeal, the lower court’s judgment that found the Defendant guilty of the modified facts charged (excluding the portion of innocence) on the grounds indicated in its reasoning is justifiable.

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

In addition, the argument that the defendant's act constitutes self-defense and thus the illegality is excluded or there is no possibility of criticism is not legitimate grounds for appeal since the defendant asserts that the defendant's act constitutes self-defense, or that it is not subject to judgment ex officio by the court below, and thus, it cannot be a legitimate ground for appeal.

2. On the grounds stated in its reasoning, the lower court affirmed the first instance judgment that acquitted the Defendant of the insult of the facts charged in the instant case on April 23, 2014 and April 27, 2014 among the modified facts charged, on the grounds that there was no proof of crime, and reversed the first instance judgment that found the Defendant guilty on April 28, 2014, and acquitted the Defendant.

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

In doing so, there was no error by misapprehending the legal principles on the co-principal and legitimate act.

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