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(영문) 대법원 2017.11.29 2017도11677
모욕등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment regarding the prosecutor’s appeal in light of the record, it is justifiable to reverse the first instance judgment that found the Defendant guilty on the charge of insult among the facts charged in the instant case on the grounds stated in its reasoning and to render a judgment of not guilty.

Contrary to the allegations in the grounds of appeal, there is no error of misapprehending the legal principles as to the public performance in the offense of insult, by exceeding the bounds of free evaluation of evidence against logical and empirical rules or by misapprehending the legal principles.

2. Examining the reasoning of the lower judgment’s appeal in light of the evidence duly admitted, the lower court was justifiable to have found the Defendant guilty of assault among the facts charged in the instant case on the grounds stated in its reasoning.

In doing so, there is no violation of law by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, thereby exceeding the bounds of free evaluation of evidence against logical and empirical rules.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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