beta
Text
The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (the mistake of facts and misapprehension of legal principles) and the grounds for appeal filed by a defense counsel after the deadline for submitting the grounds for appeal shall be determined only to the extent that supplementation of the grounds for appeal filed within a legitimate
Even if the defendant used some inappropriate expressions against the victim, it is difficult to see that such expressions constitute the constituent elements of the offense of insult, there is no performance, and there is no violation of social norms, but the judgment of the court below which found the guilty of the facts charged of this case is erroneous in misunderstanding of facts
2. Determination
A. The lower court determined that the Defendant had the same assertion as that of this part of the grounds for appeal, and the lower court rejected the Defendant’s assertion under the summary of the evidence of the judgment.
B. 1) In the crime of insult of the relevant legal doctrine, insult as referred to in the crime of insult of the relevant legal doctrine is an expression of an abstract judgment or sacrific sentiment that could undermine people’s social assessment without mentioning the facts (see, e.g., Supreme Court Decision 2003Do3972, Nov. 28, 2003). In order to recognize a legitimate act under Article 20 of the Criminal Act, the following requirements should be met: (a) legitimacy of the motive or purpose of the act; (b) reasonableness of the means or method of the act; (c) balance between the protected interests and the infringed interests; (iv) urgency; and (v) supplementary nature that there is no other means or method than the act (see, e.g., Supreme Court Decision 2003Do3000, Sept. 26, 2003); (c) comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court; and (d) Defendant’s act constitutes an act of insult of social norms.
Therefore, the judgment of the court below which found the defendant guilty is just, and there is no error of misconception of facts or misapprehension of legal principles as alleged by the defendant.
(1) The defendant.