(영문) 대전지방법원 2017.11.15 2017노1665 | 리걸엔진

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(영문) 대전지방법원 2017.11.15 2017노1665

모욕

Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. Although there was a fact that the Defendant, by misapprehending the legal principles, posted the same article as the list of crimes in the judgment of the court below, the purpose was to correct the unfair act by D, a general director of the association, and to inform the union members of it, and the period in which the writing was written was short as well as the number of times, and the contents of the writing were also combined with factual statements.

Therefore, although the defendant's act does not violate the social rules and the illegality should be removed by Article 20 of the Criminal Act, the court below convicted the defendant of the facts charged in this case. In so doing, the court below erred by misapprehending the legal principles.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 700,000) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of legal principles, Article 20 of the relevant legal principles provides that the act that does not violate the social norms shall not be punished. The concept of social norms is stipulated as the basis for determining the most basic illegality. According to such provision, even if the act appears to meet the requirements for establishing a crime under the language and text of the law, its illegality may not be dismissed and punished only when it appears to be within the scope of historical social order created as one of the ordinary living forms, and a certain provision of the law does not entirely violate the social development.

If it is possible to evaluate that the punishment is contrary to social justice as well as the recognition and punishment without value, or if it is possible to evaluate that it was conducted as a means of social reasonableness to realize it in light of the purpose value of free democracy society, it does not violate social norms.

To recognize such a legitimate act, first, legitimacy of the motive or purpose of the act.

참조조문

-형법 제20조

유사 판례

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-광주지방법원 순천지원 2016.04.27 2015고정880

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-수원지방법원 2017.05.18 2017고정481