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(영문) 대법원 2014.05.16 2014도381
모욕
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In light of the evidence adopted by the court of first instance, the court below's determination that the facts charged in this case were recognized for the reasons as stated in its holding and rejected the defendant's assertion that it constitutes the defendant's self-defense or legitimate act.

In so doing, contrary to the allegations in the grounds of appeal, there is no error of law by misunderstanding facts against logical and empirical rules or by misapprehending the legal principles on self-defense or legitimate acts.

In addition, the argument that the judgment of the court below erred in the misapprehension of the legal principles as to the possibility of expectation of lawful act is not a legitimate ground for appeal, as it is alleged by the defendant only in the final appeal that the defendant did not regard it as grounds for appeal or that the court below

Furthermore, even if ex officio examination is conducted, there is no error as alleged in the judgment below.

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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