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(영문) 대법원 2015.10.29 2015도12525
모욕
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Even if examining the reasoning based on evidence, the lower court did not err by misapprehending the facts contrary to logical and empirical rules or by misapprehending the legal doctrine on self-defense, contrary to what is alleged in the grounds of appeal.

In addition, the argument that the judgment of the court below violated Article 51 of the Criminal Act as a result of failure to deliberate on the grounds for sentencing is ultimately an unreasonable sentencing argument.

However, under 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 not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the punishment

Other grounds of appeal are not legitimate grounds of appeal, as they are alleged in the grounds of appeal by the defendant or not subject to judgment by the court below ex officio.

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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