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Defendant shall be punished by a fine of KRW 1,200,00.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant and the Victim F claimed that the members of the D organization in Gwanak-gu in Seoul Special Metropolitan City were members of the Csports Center, and the Defendant, around June 15, 2014, at around 11:13, in order to attend a monthly meeting, the Defendant asserted that the victims had suffered monetary damage from other members of the group in the name of the members of the group, who were gathered, incurred monetary damage to other members, and said, the Defendant and the Victim F said that the victim “bromoer, fraud, and fraud is committed.”
Accordingly, the defendant openly insultingd the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. The police statement concerning F;
1. Application of the Acts and subordinate statutes to the complaint;
1. Article 311 of the Criminal Act and Article 311 of the same Act concerning criminal facts and the choice of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order asserts that even if the defendant made a statement as stated in the facts constituting a domestic crime, the illegality is excluded because it is a justifiable act that does not violate social rules because it was intended to prevent damage to the N, etc. additionally, and thus, it constitutes a justifiable act that does not violate social rules.
Whether a certain act is a legitimate act that does not violate the social norms, and the illegality is excluded, must be determined individually by considering the purpose and reasonable aspects under specific circumstances.
To recognize such a legitimate act, requirements such as legitimacy of the motive or purpose of the act, reasonableness of the means or method of the act, third balance of the protected interests and infringed interests, fourth urgency, and fifth supplement that there is no other means or method than the act.
(see, e.g., Supreme Court Decision 98Do2389, Apr. 25, 2000). If the victim is punished by fraud, legal remedy procedures are to file a criminal complaint against the victim.