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(영문) 서울남부지방법원 2018.09.13 2017노1450
모욕
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below which acquitted the defendant on the sole ground of the defendant's unilateral statement although the defendant's act did not meet the requirements for a legitimate act, is erroneous in the misunderstanding of facts or in the misapprehension of legal principles.

2. The lower court determined that the Defendant’s act was acquitted on the grounds that the Defendant’s act did not contravene the social norms based on the evidence duly admitted and investigated, and that some witnesses’ statements at the present site were consistent with the Defendant’s assertion, and that the Defendant was aware of the fact that the expression “persons whose personality was less than the human nature” included in the Kakao Stockholm was referred to as the victim, and that most of the participants in the relevant hosting were aware of the fact, based on such perception, it is difficult to view that various circumstances presented by the lower court on the grounds of the Defendant’s unilateral statement are based solely on the Defendant’s unilateral statement.

In addition, even in light of the relevant legal principles and records, the above judgment of the court below is just, and there is an error of law by misunderstanding the legal principles as to a justifiable act as argued by the prosecutor

It does not seem that it does not appear.

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

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