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(영문) 광주지방법원 2018.11.21 2018노1775
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found the Defendant guilty of the facts charged of this case, although the expression "for factual misunderstanding" does not constitute an insulting expression that could damage social evaluation, and the victim did not specify it, is erroneous in the misapprehension of facts.

B. The lower court erred by misapprehending the legal doctrine, which found the Defendant guilty of the facts charged of this case, even though it does not violate the social rules and thus dismissed illegality, it did not err by misapprehending the legal doctrine, in order to encourage the Defendant to join the labor union where he was admitted, thereby setting up a banner in order to present the fact that the existing labor union did not respond to labor or did not play a role in the labor union.

2. In the judgment of the court below, the defendant argued that the above facts were erroneous as alleged in the misapprehension of the legal principles, and the court below rejected the above assertion in detail, and in light of the evidence duly admitted and investigated by the court below, the judgment of the court below is legitimate, and the defendant's mistake of facts and misapprehension of legal principles are without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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