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(영문) 서울서부지방법원 2020.08.20 2020노440
모욕
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

On June 25, 2018, the Defendant did not insult the victim, and even if having made the remarks as stated in the lower court’s holding, it is a justifiable act that does not violate the social norms and against the victim’s fluencing act.

The judgment of the court below that found this part of the insult guilty is erroneous in the misapprehension of legal principles or mistake of law.

On November 8, 2018, the Defendant only made the horses as stated in the judgment of the lower court using the mixed-level language, but did not toward the victim.

The judgment of the court below that found this part of the insult guilty is erroneous in misconception of facts.

Judgment

The Defendant also asserted as the grounds for appeal, and the lower court rejected the Defendant’s assertion in detail, with the detailed statement of the judgment on the Defendant’s argument under the title “the judgment on the Defendant’s assertion” in the judgment.

Examining the above judgment of the court below in a thorough manner with the evidence adopted and examined by the court below, the judgment of the court below is just and there is no error of law by misunderstanding facts or by misunderstanding the legal principles as alleged by the defendant, which affected the conclusion

Defendant’s assertion is without merit.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit.

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