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(영문) 대법원 2017.12.13 2017도15342
모욕
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Even if examining the relevant legal principles and evidence, the lower court did not err by misapprehending the legal doctrine on the offense of insult, contrary to what is alleged in the grounds of appeal.

The argument that there is an error in one part of the arrest and investigation procedures is not a legitimate ground for appeal, as it is alleged by the defendant that it was based on appeal or that the court below was not subject to judgment ex officio.

In addition, the argument that there is an error of mistake of fact in sentencing determination by the court below is ultimately an unfair argument of sentencing.

Accordingly, under Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, an appeal is permitted on the grounds of unfair sentencing. As such, the argument that the Defendant’s punishment is unfair because it is too minor in the instant case where a minor sentence has been imposed against the Defendant cannot be 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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