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(영문) 대법원 2017.06.29 2017도5754
모욕
Text

All appeals are dismissed.

In the last sentence of the lower judgment, “Defendant C from among the facts charged in the instant case.”

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the common grounds of appeal by the Defendants in light of the evidence duly admitted, the lower court is justifiable to have found the Defendants guilty of insult among the facts charged in the instant case on the grounds indicated in its reasoning, and there is no error of misapprehending the legal doctrine on the public performance of insult, contrary to what is alleged in the grounds of appeal.

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court’s judgment that found Defendant C guilty of interfering with the duties of Defendant C among the facts charged in the instant case on the grounds stated in its reasoning is justifiable, and contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal doctrine on duties and force in the obstruction of duties in violation of logical and empirical rules, or by misapprehending the legal doctrine on the obstruction of duties and force in the obstruction of duties.

3. Examining the reasoning of the judgment of the court below in light of the records, the court below was just in finding that there was no proof of crime as to the injury to Defendant C among the facts charged in the instant case on the grounds as stated in its reasoning, and it did not err in the misapprehension of legal principles as to the intention of injury, by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, in violation of logical and empirical rules, or by failing to exhaust all necessary deliberations, thereby exceeding

Meanwhile, the Prosecutor appealed against Defendant C in the lower judgment, but did not indicate the grounds of objection against this part of the final appeal and the reasoning of the final appeal.

4. Therefore, all appeals are dismissed. However, the judgment of the court below is to correct them ex officio, since it is obvious that “the charge of injury to Defendant C among the facts charged in this case is not guilty” was omitted.

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