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A defendant shall be punished by a fine of 500,000 won.
Where the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
The defendant is the compensation and employee of D in Busan Jung-gu C building, and the victim E is the head of D branch office of the National Office of Financial Services Trade Union.
On April 11, 2016, the Defendant: (a) at the above office underground parking lot; (b) around April 11, 2016, the Chairperson of the F new Labor Union, who is the SNS group of labor union members, caused an assault event against the Internet NAD “D new trade union” bulletin board.
Violence taken place on the representative of a trade union who attends an official exercise of a company.
This publicly insulting the victim by expressing comments on the comments posted as “Iely,” which read “E gue, such as the complete waste,” and publicly insulting the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the police for E;
1. The complaint (including attached materials) (including the defendant and his defense counsel) asserts that the illegality is excluded due to the act that does not violate the social rules, although the defendant and his defense counsel acknowledged that the comments on the comments as stated in the facts of the crime in the judgment of the defendant are true.
Article 20 of the Criminal Code provides that the act that does not violate the social rules shall not be punished. It is clear that the concept of social rules is the basis for the most basic judgment of illegality. According to such provision, even if the act appears to meet the requirements for the composition of a crime in accordance with the language and text of the law, its illegality shall not be dismissed and punished only when it appears to be within the scope of the social order which is naturally created as a form of normal living, and any act that is subject to punishment is not completely unlawful as a result of social development.
In order to realize this, the punishment is not only valueless, but also social justice, or it is a means to realize it in light of the purpose value of free democracy society.