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The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B. Defendant A’s appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant B (Definite) was aware of a dispute with a victim at the plenary session room of the Daejeon metropolitan Council at the time of the instant case, but the lower judgment that found the Defendant guilty of the facts charged was erroneous by misapprehending the facts and adversely affecting the conclusion of the judgment, even though there was no insult of the victim as stated in the facts charged in the process.
B. Defendant A (misunderstanding of facts, misunderstanding of legal principles, and misunderstanding of legal principles) 1) The part concerning the crime of insult of paragraph (1) of Article 2 of the crime of the judgment of the court below (1) of the crime of insult of paragraph (a) of the same Article of the judgment of the court below is true, but the Defendant did not intend to insult to the victim. However, the Defendant did not intend to insult.
(2) Even if the nature of the offense of insult is recognized as constituting the constituent elements of the offense of insult, it is the extent that can be accepted by social norms, and thus, it is excluded from illegality by Article 20 of the Criminal Act as acts that do not contravene social norms
B) The part concerning the crime of bodily injury in Article 2-b(1) of the lower judgment’s crime of injury in Article 2-b(1) of the Criminal Act is not established because the Defendant did not intend to injure the victim as stated in the facts charged, but did not intend to do so. (2) Even if the elements of the crime of bodily injury are recognized, it was found in the process of speaking the body as a Si Council member in the process of proceedings, and thus, it does not violate social rules, and thus, the illegality is excluded in accordance with Article 20 of the Criminal Act. 2) The sentence (2) sentenced by the lower court against the Defendant is too unreasonable.
2. Determination
A. On July 10, 2012, the summary of Defendant B’s assertion of misunderstanding of facts, the victim E, who belongs to the same party, in relation to the election of the chairman of the Assembly at the Daejeon Daejeon District Council’s plenary session around July 17:30, 2012.