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(영문) 서울남부지방법원 2016.11.18 2016고정624
모욕등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

C and D are employees of the third secretary general, and the defendant is the third secretary general.

C and D around November 28, 2015, the Defendant, within the Deputy Director of Yangcheon-gu Seoul Metropolitan Government Eth, 17:35, 2015, expressed that the Defendant had a defect in his/her own vehicle after the said C and D took the hand, and D expressed that “I am with the same strings” was “I am with the same strings” to D, and C carried the part of the victim’s body by hand was pushed back once with the victim’s hand, and D am by hand.

The defendant used violence against the assault of the victim C(71 years of age) at the above date, time, place, and assaulted the victim's face by her hand once.

B. As the Defendant, at the same time, and at the same place, and for the foregoing reasons, deemed the victims of an insulting name, the Defendant sexually insultingd the victims D (the victims of an insulting name 44 years of age) by referring the victim D (the victim 69 years of age to “marcing the same strings” and “the victim F (the victim 69 years of age).

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, D, and F;

1. In the investigation report (related to vehicle boom image) the defendant first claims that C is a legitimate act by exercising physical power against C as a defensive intent. However, the "act that does not violate the social rules" under Article 20 of the Criminal Act refers to the act that is acceptable in light of the overall legal order, the social ethics or social norms, and the legitimacy of certain act as a legitimate act that does not violate the social rules should be determined individually under specific circumstances. Thus, in order to recognize such a legitimate act, the following requirements are satisfied: (a) legitimacy of the motive or purpose of the act; (b) reasonableness of the means or method of the act; (c) balance between the benefit and the benefit of infringement; (d) balance between the benefit of protection and the benefit of infringement; and (e) supplementary measures that do not have any other means or method than the act.

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