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(영문) 서울중앙지방법원 2016.10.12 2016고정2025
모욕
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On April 14, 2016, at around 06:00, the Defendant publicly insultingd the victim by openly obsesses, such as the victim’s voice, “Ipopty, if you are the police, Ippopty, Ipopty, and Ipopty that Ipopty police officers do not enforce law,” on the ground that the Defendant returned home to the police station located in front of the D cafeteria located in Seocho-gu Seoul Metropolitan Government, on the ground that Ipopty was the victim F of the Victim of the Seoul Coast Police Station E District, G, etc.

Summary of Evidence

1. Legal statement of witness F;

1. A complaint;

1. Application of statutes on CDs for obstruction of performance of official duties

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Determination on the assertion of the Defendant and the defense counsel under Article 186(1) of the Criminal Procedure Act that bear litigation costs

1. The gist of the argument is that the defendant thought that the performance of duties by the victim police officer is not legitimate, and even if the police officer demanded an explanation on this, he/she was dissatisfied with the complaint about the disregarding it, and thus, he/she did not violate social rules.

Article 20 of the Criminal Code provides that actions which do not violate social rules shall not be punished. This is clearly stipulated by the concept of social rules as the basis for judging the most basic illegality. According to such provision, even if the act appears to fall under the elements for establishing a crime in light of the language and text of the law, its illegality shall not be immediately dismissed and punished only when it appears to be within the scope of historically created social order as one of the normal forms of living, and a certain legal nature is recognized as not being unlawful as a result of social development, and the punishment is not only valueless but also in social justice.

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