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(영문) 서울서부지방법원 2014.10.21 2014고정505
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

At around 15:43, October 3, 2013, the Defendant: (a) 15:43, the Seodaemun-gu Seoul Western apartment 203: (b) the Defendant’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son....

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. The description of witness F and L in the second protocol of the trial;

1. Application of the Acts and subordinate statutes governing the statement made by witnesses D in the third protocol of trial;

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 defense counsel on the determination of whether a provisional payment order was a justifiable act under Article 334(1) of the Criminal Procedure Act asserts to the effect that the illegality should be dismissed as it constitutes a justifiable act under Article 20 of the Criminal Act, since it was a fact that the defendant expressed a victim's desire to do so, or that it was an act to defend himself/herself from an unfair behavior of the

The "act which does not violate the social norms" stipulated in Article 20 of the Criminal Code refers to the act that is acceptable in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and in order to recognize such a legitimate act, the legitimacy of the motive or purpose of the act, and the second act.

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