logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.06.10 2013고정6908
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

The defendant is a registered director of corporation C, and the victim D was a member of E, and there has been a debate over the issue of payment of book-to-book supplied from the above company to E on-line.

At around 11:48 on December 7, 2012, the Defendant publicly insulting the victim under the title “to the end, i.e., e., the fluort fluort fluort fluort fluort fluort fluort fluort fluort fluort fluort fluort fluort.”

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes to screen (ae.g., Investigation Record No. 11) by capturing an open bulletin board attached to the written complaint;

1. Relevant Article 311 of the Criminal Act concerning facts constituting an offense and Article 311 of the Selection of Punishment;

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

1. The defendant and his defense counsel asserted that the act of the defendant's decision constitutes a justifiable act under Article 20 of the Criminal Procedure Act, as to the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act.

“Act which does not contravene social norms” as stipulated in Article 20 of the Criminal Act refers to an act permissible in light of the overall spirit of legal order, or the social ethics or social norms surrounding the act. Whether a certain act constitutes legitimate act that does not contravene social norms, and thus, is excluded from illegality should be determined on an individual basis, based on specific circumstances, based on the following: (a) Purpose and reasonable consideration.

Therefore, in order to recognize such a legitimate act, the following requirements should be met: legitimacy of the motive or purpose of the act; reasonableness of the means or method of the act; balance between the protected interests and the infringed interests; fourth urgency; fifth urgency; and fifth supplement that there is no other means or method than the act.

Supreme Court Decision 2003Do300 Delivered on September 26, 2003

arrow