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(영문) 서울중앙지방법원 2015.06.02 2015고정646
모욕
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 13, 2014, at around 12:30 on November 13, 2014, the Defendant publicly insultingd the victim with “D” in consultation with the victim F on the additional construction cost of the new building located in Gangnam-gu Seoul Metropolitan building located in Gangnam-gu Seoul Metropolitan Government, 15 customers, etc., who were 15 customers.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Application of Acts and subordinate statutes to investigation reports (Submission of recording records by complainants);

1. Article 311 of the Criminal Act and Article 311 of the same Act concerning criminal facts and the choice of fines;

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

1. The defendant and his defense counsel's assertion of the provisional payment order against the defendant under Article 334 (1) of the Criminal Procedure Act stated that the defendant and his defense counsel are aware of the defendant's tax evasion act and illegal buildings, and the victim acted as if they were reported and acted as if they were to be disadvantaged to the defendant, and the defendant only talked with the facts charged as stated in such facts charged, and thus, they constitute a legitimate act under Article 20 of the Criminal Act and thus, the illegality is excluded.

However, "act which does not violate social rules" under Article 20 of the Criminal Act refers to the act which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it. Whether certain act is a legitimate act that does not violate social rules and thus, the illegality should be avoided, based on specific circumstances and circumstances, should be determined individually. Thus, in order to recognize such legitimate act, the legitimacy of the motive or purpose of the act, the reasonableness of the means or method of the act, the balance between the third protected benefit and infringed benefit, the fourth urgency, and the fifth urgency.

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