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(영문) 대법원 2015.05.14 2015도3797
모욕
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the record, the lower court is justifiable to have rejected Defendant’s defense assertion on the grounds stated in its reasoning.

There is no error of law by misunderstanding the legal principles on self-defense.

In addition, there is an error of mistake or violation of procedure in the judgment below.

The argument that there is an error of law that does not recognize mental or physical disorder is not a legitimate ground for appeal, which is alleged in the ground for appeal by the defendant or by the court below that it is not subject to judgment ex officio.

Even if the record is examined, there is no illegality as alleged above.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a fine is imposed against the defendant, the argument that the amount of punishment is unreasonable 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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