A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

피고인은 2014. 3. 16. 10:45경 서울 강남구 C에 있는 D교회 경비실 건너편 노상에서 예배를 마치고 돌아가는 신도들이 지켜보는 가운데, 1인 시위를 하는 피해자 E에게 “너는 쓰레기 같은 놈이야. 바보 같은 자식, 니가 뭘 안다고 말이야.”, "바보 같은 자식. 그래놓고 욕 이런 거 하지 말고 사람들 혼동되게 하지

(e) Mabane, such as flachip;

The victim openly insultingd the victim through several times in a large amount of interest.

Summary of Evidence

1. Legal statement of witness E;

1. Application of the Acts and subordinate statutes to the 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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act

1. The gist of the defense counsel's assertion was that the victim was not engaged in any demonstration in the vicinity of the Diplomatic Association of Korea (hereinafter "Diplomatic Association") upon the court's provisional disposition decision, and the defendant took part in an unlawful demonstration as stated in the judgment in the same sense as the victim's insulting remarks in the process of blocking the victim's unlawful demonstration. Thus, the defendant's act constitutes a justifiable act that does not violate social rules.

2. It should be determined on an individual basis on the basis of specific circumstances, under which a certain act does not contravene the social norms, and where the illegality is removed from a legitimate act.

To recognize such a legitimate act, requirements such as legitimacy of the motive or purpose of the act, reasonableness of the means or method of the act, third balance of the protected interests and infringed interests, fourth urgency, and fifth supplement that there is no other means or method than the act.

(see, e.g., Supreme Court Decision 98Do2389, Apr. 25, 2000). This Court is the same.