Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant’s misunderstanding of the facts or misapprehension of the legal doctrine cannot be deemed to be an insult, and the Defendant’s act does not constitute an insult given that there was no intent to insult the Defendant.
Even if the offense of insult is established, the illegality is excluded as an act that does not violate the social rules, since the act of the defendant was first committed to damage the reputation of the defendant by the victim B.
Nevertheless, the judgment of the court below which pronounced the defendant guilty is erroneous in the misunderstanding of facts or in the misapprehension of legal principles.
B. The punishment of the lower court is too heavy.
2. Determination
A. The defendant alleged that his act does not constitute a crime of insult in the lower court’s judgment. The lower court rejected the above argument in detail with the detailed statement of the judgment on the above argument under the title of “determination on the defendant’s assertion” in the judgment. Examining the above judgment of the lower court in comparison with the records, the lower court’s judgment is justified.
Furthermore, the victim B also made a statement about insulting the Defendant.
Even if the above victim's offense of insult is established, it cannot be viewed that the insult of the above victim by such reason constitutes a justifiable act that does not violate the social rules.
Therefore, the judgment of the court below which recognized the establishment of the offense of insult is just. In so determining, the court below erred by misapprehending the facts or by misapprehending the legal principles
subsection (b) of this section.
Therefore, this part of the defendant's assertion is rejected.
B. There is no change in the sentencing conditions compared with the original judgment, as the new sentencing data has not been submitted in the trial at the lower court’s judgment regarding the unfair argument of sentencing, and the content of the offense of insult in this case.