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

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

Punishment of the crime

On December 23, 2017, the Defendant was conducting a village general meeting while more than 11:0 village residents are present at the Gangnam-gun B community center in Gangnam-gu, Gangwon-gu, Seoul Special Metropolitan City on December 23, 2017. When the victim C (79 tax) who is not adequate for usual appraisal raises a problem in the course of the meeting, the Defendant “C is the head of the Gu, which is distinct and distinct and distinct, and is the head of the Gu.

“Publicly insulting the victim.”

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Complaint;

1. Application of Acts and subordinate statutes to investigation reports ( telephone communications with reference witnesses D);

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. Determination on the Defendant and his defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act

1. The content of the alleged criminal facts is difficult to be deemed as an expression to the extent that the crime of insult is established, and there was no insult intent at the time when the defendant said that he said, and there is no violation of social norms in light of the motive, circumstance, etc. of the said speech.

2. The offense of insult as referred to in the offense of insult is not a statement of fact but an abstract judgment or a sacrific sentiment that may undermine a person’s social evaluation (see, e.g., Supreme Court Decision 2003Do3972, Nov. 28, 2003). The expression of facts constituting the offense can be sufficiently recognized as an insult that impairs the victim’s social evaluation by means of the expression that has destroyed the victim’s personal value, and as long as the Defendant aware thereof and uses the said expression under his/her will, the intent of insult may also be recognized.

In addition, Article 20 of the Korean Criminal Code provides that the act that does not violate social rules shall not be punished. It is clear that the concept of social rules is the basis for judging the most basic illegality. Accordingly, it seems that the act constitutes a requirement for the composition of crime in accordance with the language and text of the law.