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(영문) 대법원 2018.07.20 2018도8221
모욕
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Although examining the reasoning in light of the relevant legal principles and the evidence duly admitted, the lower court did not err by exceeding the bounds of free conviction due to violating logical and empirical rules, or by misapprehending the legal doctrine on the offense of insult, contrary to what is alleged in the grounds of appeal.

In addition, the argument that there is an error of misunderstanding of legal principles that significantly deviates from the inherent limits of sentencing discretion in the method of sentencing review and sentencing determination by the court below is ultimately an unfair argument of sentencing.

According to Article 383 (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 is imposed, an appeal shall be allowed on the grounds of unfair sentencing.

In this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

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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