On June 2012, the Defendant damaged the honor of the victim E by openly pointing out the fact that “E brought about coffees in a community center on several occasions before the Defendant’s house located in Gyeonggi-si, 2012.”

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 307 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act for the confinement in a workhouse;

1. The defendant and his defense counsel asserted that Article 59(1) of the Criminal Code of the Suspension of Sentence (the defendant had no other criminal record except for the two-years prior to the first instance trial, the senior citizens' center's general affairs led to a crime in the process of entering the former president and thus, there are circumstances to consider the circumstances of the crime, all the facts of the crime are contradictory to the view of the crime, the contents and age of the crime, etc.) of the defendant's assertion as to the defendant's assertion, as a general affairs of the senior citizens' center, witnessing the victim E to take a coffee, and told the former president D of the fact to bring about a coffee, and thus constitutes a justifiable act

Whether a certain act is justified as an act that does not contravene the social norms, and the illegality is excluded, should be determined on an individual basis by considering the following specific circumstances: (i) the legitimacy of the motive or purpose of the act; (ii) the reasonableness of the means or method of the act; (iii) the balance between the protected interests and the infringed interests; (iv) the urgency of the act; and (v) the supplementary nature that there is no other means or method other than the act.

Supreme Court Decision 2002Do5077 Delivered on December 26, 2002