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의정부지방법원 2018.02.06 2017노3072
모욕
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

However, the period of one year from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In light of the above legal principles, the Defendant, as the head of Dong Dong-si, expressed the victim’s desire to commit an actual act of confinement by committing an act of confinement, such as harming the Defendant, which is the victim E, which is the head of Dong Dong-si, and thus, did not constitute a crime by constituting a legitimate defense or a legitimate act.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. The lower court also asserted the same purport as the grounds for appeal in this part.

The court below rejected the defendant's assertion on the ground that there is no evidence to prove that the victim had committed an unfair infringement on the legal interests of the defendant, and that the content of the statement made by the defendant is also the content of an unfair infringement on his/her legal interests, and that the defendant's act cannot be deemed as a justifiable act that does not violate the legitimate defense or social rules in light of surrounding circumstances, attitude of the defendant's speech, etc.

2) The "act that does not violate the social norms" under Article 20 of the Criminal Act 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 whether a certain act is justified as an act that does not violate the social norms and thus, should be determined individually by considering the specific circumstances and on an individual basis, under specific circumstances, whether it is justified as a legitimate act that does not violate the social norms. Thus, to recognize such legitimate act, the following requirements are met: (a) legitimacy of the motive or purpose of the act; (b) reasonableness of the means or method; (c) balance of the legal interests of protection interests and interests infringement; (d) supplementaryness of the means or method other than the act.