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(영문) 대법원 2014.12.11 2014도6146
모욕
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court as to the Defendant’s grounds of appeal, the lower court is justifiable to have determined that the Defendant was guilty of the insult as of February 29, 2012 among the facts charged in the instant case and of insult as of May 29, 2012. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine regarding the victim’s specific offense of insult, the concept of insult, and the social norms in the lawful act.

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, the lower court is justifiable to reverse the judgment of the first instance that found the Defendant guilty on the grounds that there is no proof of crime as to the facts charged (excluding the part guilty) in the instant case, and to have rendered a judgment of conviction. In so determining, contrary to what is alleged in the grounds of appeal, there were no

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

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