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(영문) 대법원 2015.10.29 2015도12898
모욕
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the court of first instance, the court below’s determination that the charged facts of this case were guilty on the grounds as stated in its reasoning is just, and contrary to what is alleged in the grounds of appeal, there were no errors of misapprehending the legal principles as to the public performance in the offense of insult.

In addition, the argument that there is an error of mistake of facts or misapprehension of legal principles in the judgment of sentencing is ultimately an unreasonable sentencing argument.

However, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed, and thus, in this case where a fine is imposed against the defendant, the argument that the sentencing of the sentence

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

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