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(영문) 서울동부지방법원 2018.05.25 2017노1986
모욕
Text

The prosecutor's appeal is dismissed.

Reasons

1. Although the summary of the grounds for appeal (misunderstanding of facts) by the Defendant is apparent that it is an expression that may undermine the social evaluation of the personal value of the victim, the lower court erred by misapprehending the facts and acquitted the Defendant of the charges of this case.

2. In full view of the circumstances acknowledged by the evidence duly admitted and investigated, the lower court determined that the Defendant expressed an sacrific sentiment that could undermine the social assessment of the victim’s personal value.

It is difficult to see

The decision was determined.

In light of the records, a thorough examination of the evidence duly adopted and examined by the court below in light of the records, the court below's finding the defendant not guilty of the facts charged of this case on the grounds as stated in its holding is just and acceptable, and since no new evidence was submitted in the trial, there is no error of law that affected the conclusion of the judgment by misunderstanding the facts as pointed out by the

subsection (b) of this section.

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

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