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(영문) 대법원 2017.09.07 2017도9404
모욕
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court reversed the judgment of the first instance that found the Defendant guilty of the instant facts charged, and sentenced the Defendant not guilty on the grounds that the message of this case sent by the Defendant is difficult to be deemed to constitute an insulting speech or that illegality is excluded pursuant to Article 20 of the Criminal Act.

The judgment below

Examining the reasoning of the lower judgment in light of the relevant legal principles and records, the lower court did not err by misapprehending the legal doctrine as to insult, contrary to what is alleged in the grounds of 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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