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(영문) 광주지방법원 2017.09.20 2017노1091
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of the legal principle) was true that the defendant expressed a desire to police officers as stated in the facts constituting a crime in the judgment below. However, at the time, the arrest of the police officers was illegal, and the defendant took a bath in the process corresponding thereto. Thus, the above act by the defendant constitutes a legitimate defense or a legitimate act.

Nevertheless, the lower court convicted the Defendant of the facts charged of this case. In so determining, the lower court erred by misapprehending the legal doctrine on party defense or legitimate act, thereby affecting the conclusion of the judgment

2. The Defendant also asserted the same purport as the grounds for appeal in this part of the judgment below, and the court below rejected the above assertion in detail by stating in detail the judgment on the “determination of the Defendant and the defense counsel’s assertion” in the judgment.

In full view of the circumstances established by the court below’s duly admitted and investigated evidence, the above judgment of the court below is just, and it did not err by misapprehending the legal principles on the legitimate defense or legitimate act, as otherwise alleged by the defendant, thereby affecting the conclusion of the judgment.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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