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(영문) 서울서부지방법원 2016.06.02 2016노248
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Legal principles are consistent with the judgment of the court below that the defendant misunderstanding the legal principles made F a statement to F such as the list of crimes in the judgment below, which F operated with the defendant.

D Company interfered with the performance of its business, dismissed the defendant from the office of representative director, and the defendant assaulted F.

The court below found Defendant guilty of the facts charged of this case by misunderstanding the legal principles, although it was a justifiable act that does not go against the social norms and thus constitutes a justifiable act under the circumstances where Defendant’s bullying, such as the conspiracy, etc. was

B. The sentence of the lower court that is unfair in sentencing (2 million won) is too unreasonable.

2. Determination

A. The "act which does not violate the social norms" under Article 20 of the Criminal Act as to the assertion of misapprehension of legal principles refers to the act which can be accepted in light of the overall legal order or the social ethics or social norms surrounding it. Whether certain act is justified as an act that does not violate the social norms, and thus, it should be judged individually by considering the specific circumstances. Thus, in order to recognize such legitimate act, the following requirements should be met: (i) legitimacy of the act; (ii) legitimacy of the motive or purpose; (iii) the means or method of the act; (iv) the balance between the interests of protection and infringement; (v) the balance of the interests of infringement; and (v) the supplementary nature of there is no other means or method other than the act (see Supreme Court Decisions 2002Do5077, Dec. 26, 2002; 2003Do4151, Apr. 27, 2006).

D..

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