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(영문) 광주지방법원 2017.07.13 2017고정589
모욕
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On January 26, 2017, at the D Business Office located in Gwangju-gu, Gwangju-gu, about 08:00, the Defendant: (a) whether the victimized person was enrolled in the office and had ten employees, such as the defective F, etc. in which the injured person was enrolled in the office; and (b) whether the injured person was d business office in Gwangju-gu, Gwangju-gu.

The victim openly insultingd the victim, stating that he/she should do so.”

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective legal statements of witness E and F to the Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Article 311 of the Criminal Act concerning the crime. Article 311 (Selection of Penalty Penalty)

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

1. The Defendant asserts that the illegality of the Defendant’s act constitutes a justifiable act that does not violate the social rules, on the ground that the Defendant’s act constitutes a legitimate act, as a means or method of resisting the victim’s claim for an alternative treatment and the victim’s desire to take the Defendant first, and that it constitutes a legitimate act that does not violate social rules.

In this regard, the Defendant’s speech and behavior against the victim as stated in the facts of the crime exceeds the scope of the victim’s expression of intent under paragraph (1).

Therefore, it cannot be said that illegality is excluded because it constitutes a justifiable act that does not violate social rules.

Therefore, the above argument is without merit.

Some of the fines shall be reduced in consideration of the grounds for sentencing, the first offense, the injury from the injured person, etc.

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