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(영문) 부산지방법원 2018.01.19 2017노3901
모욕
Text

The defendant's appeal is dismissed.

Expenses of the trial shall be borne by the defendant.

Reasons

1. The summary of the grounds for appeal did not indicate that the Defendant made a publication of this case by referring to the victim, but the lower court found the Defendant guilty of the facts charged in this case. In so doing, the lower court erred by misapprehending the facts and affecting the conclusion of the judgment

2. The court below rejected the above assertion by the defendant, claiming the same as the grounds for appeal in this case, and after the summary of the evidence of the judgment, the court below stated in detail the defendant's assertion and its decision in the following column. If we compare the above judgment with the records, the judgment of the court below is just and it is erroneous in the misapprehension of facts, which affected the conclusion of the judgment,

subsection (b) of this section.

Therefore, the defendant's assertion is without merit.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit, and the Defendant’s appeal is dismissed under Article 364(1) of the Criminal Procedure Act on the burden of litigation costs arising from the trial. It is so decided as per Disposition by applying Articles 191(1) and 190(1) of the Criminal Procedure Act on the burden of litigation costs arising from the trial (Provided, That in the judgment of the court below, it is apparent that the Defendant’s appeal was made by mistake “Article 70 of the Criminal Act” following the “Article 70 of the Criminal Procedure Act” applicable to the “Article 75(1) of the

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