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The sentence of sentence shall be suspended for the defendant.
Reasons
Punishment of the crime
At around 16:00 on November 19, 2014, the Defendant publicly insultd the victim by saying, “A 10 persons, including D, are at least 10 persons, on the ground that the victim C would go through at the second floor of the 2nd floor of the 2nd floor of the 1473 North Yong-dong, Chungcheongnam-gu, Chungcheongnam-gu, 1473.”
Summary of Evidence
1. Partial statement of the defendant;
1. C’s legal statement;
1. Determination as to the defendant and defense counsel's assertion of the police statement concerning D
1. The alleged defendant's act constitutes a reasonable act to cope with the current infringement of honor and personality rights by the victim, or an act that does not violate social rules.
2. According to the judgment witness D’s legal statement, it can be acknowledged that the victim first took the defendant’s desire to take the examination, and the fact that the victim made a claim to go through the examination to the defendant’s face.
However, even if the defendant, as a defensive act, made the victim's statement as to the facts of the crime, it has the nature as an attack in light of the fact that the contents of the statement are the expression of anti-defensive sentiment against the victim.
It cannot be viewed as an act of self-defense.
On the other hand, the expression of the Defendant’s one-way appraisal cannot be said to have no reason to consider the motive or purpose of causing such act. However, it is difficult to see that the motive and purpose are justifiable, and it is difficult to see that the means and method of act are reasonable, and it is difficult to recognize the supplement that there was no other means or method than the protected interest and the infringed interest, the balance between the protected interest and the infringed interest, urgency and the act.
It can not be seen as a justifiable act.
The defendant and defense counsel's assertion are not accepted.
The laws and regulations;