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A defendant shall be punished by a fine of 500,000 won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On January 29, 2020, the Defendant: (a) was driving a vehicle on the front of the C convenience store located in Gwangju Mine-gu, Gwangju, about 13:45, the Defendant: (b) opened a window on the road to send water to the vehicle moving behind the simplified parking lot in the victim D (7 aged 77) in order to convey water to the vehicle moving behind the simplified parking lot; (c) opened the vehicle on the ground that it was obvious that the accident occurred; and (d) whether the Defendant “is intending to cause the death (the death).”
Whether it is the State or not by asking the value of the opening;
"Publicly insulting the victim by speaking as a large interest."
Summary of Evidence
1. Partial statement of the defendant;
1. Each police suspect examination protocol with regard to D;
1. The defendant asserts that the defendant's argument about the report on internal investigation in the complaint (preparation of a written statement) was the same as the facts stated in the judgment of the victim. However, the defendant asserts to the effect that the victim does not have the intention of insult nor do it constitute an unlawful act because he does not know about the road as the victim satisfly satisfy road.
However, the offense of insult is established by openly expressing an abstract judgment or sacrific sentiment that may undermine the external reputation of the victim. Even according to the defendant's assertion, the defendant's intent of insult is recognized as long as the victim publicly expresses the sacrific sentiment through the bath theory.
In addition, whether a certain act constitutes a justifiable act as a ground for excluding illegality should be reasonably decided in accordance with specific cases. The legitimacy of the motive or purpose of the act, the reasonableness of the means or method of the act, the balance between the protection of legal interests and the infringement of legal interests, the fourth urgency, the fifth supplementary requirement that there is no other means or method than the act, and the defendant's act is a justifiable act so long as the use of the abusive theory as a means or method that expresses a complaint against the victim cannot be deemed to be reasonable.