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(영문) 대법원 2017.12.22 2017도16784
모욕
Text

All appeals are dismissed.

Of the judgment of the court of first instance, the term “amount of KRW 1,500,000” in the judgment of the court of first instance shall be “amount of KRW 1,500,000”.

Reasons

The grounds for appeal are examined.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been pronounced, an appeal may be filed on the ground that the judgment of the court below has influenced the judgment by grave mistake of facts.

In this case where a more minor sentence is imposed on the defendant, the argument that the court below simply contests the acknowledgement of facts and the selection of evidence, or points out misunderstanding of legal principles on the premise of a factual relationship different from the facts acknowledged by the court below is not a

In addition, the argument that the burden of litigation costs is unfair among the grounds for the appeal cannot be a legitimate appeal as stipulated in Article 383 of the Criminal Procedure Act.

Therefore, all appeals shall be dismissed pursuant to Article 380(2) of the Criminal Procedure Act: Provided, That the phrase “1,500,000 won” in the judgment of the court of first instance is clear that it is a clerical error in the amount of KRW 1,500,000,” and thus, it is decided to rectify it pursuant to Article 25(1) of the Rules on Criminal Procedure by the assent of all participating Justices. It is so decided as per Disposition by the assent of all participating Justices.

December 22, 2017

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