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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

On May 18, 2016, at around 12:00, the Defendant expressed his intent to “D” office located in Gwanak-gu in Seoul Special Metropolitan City C and 115, referring to the victim I, who is an employee of E, F, G and Defendant, who is the seat of the said office, and made a public insult of the victim by referring to the victim I, “A few years ago, she was unable to have his or her work like path,” and referring to the victim I, who is an employee of E, F, G and Defendant.”

Summary of Evidence

1. Each legal statement of witness I and F;

1. Statement made by the police with H;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 311 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defense counsel's assertion on the defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order argues to the effect that the defendant's act is unlawful as a legitimate act that does not violate social rules, because it is merely a speech or a dispute about the victim's side and real estate brokerage commission, and thus, the defendant's act does not violate social rules.

Whether a certain act is unlawful as a legitimate act that does not contravene social norms should be determined individually by examining the following specific circumstances: (a) legitimacy of the motive or purpose of the act; (b) reasonableness of the means or method; (c) balance between the protected interests and the infringed interests; (iv) urgency; and (v) supplementaryness that there is no other means or method other than the act (see, e.g., Supreme Court Decision 2009Do2114, Jun. 11, 2009). In such a case, just on the basis of the assertion by the counsel, the Defendant’s act was reasonable, urgent, and inevitable to the extent that it can be permitted in light of social norms.

Therefore, the above argument cannot be accepted.