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(영문) 서울중앙지방법원 2016.06.09 2016고정1135
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 December 14, 2015, at around 20:25, the Defendant, while making a right-hand at the crosswalks in front of 29, the Jongno-gu Seoul Postal Office, had a large number of people on the ground that the Defendant took a right-hand crossing of the Victim B (32) without permission, and had expressed the victim’s desire to “Ig fri frie, snow immediately, and bruely,” and openly insulting the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect B of the police;

1. Application of the Acts and subordinate statutes to the complaint;

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

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

1. The defendant asserts that the judgment on the defendant's argument in Article 334 (1) of the Criminal Procedure Act concerning the provisional payment order is true, but this is not contrary to social rules, and its illegality is excluded.

Article 20 of the Criminal Code provides that actions that do not violate the social rules shall not be punished. It is clear that the social rules are the basis for judging the most basic illegality, and even if it appears that the act falls under the requirement for the composition of a crime, the illegality shall not be excluded and punished only when it is considered to be within the scope of the order of social life which has been naturally created as one of the normal forms of living, and the punishment shall not be reasonable, and it shall not be against the social rules, only when it is possible to evaluate that the act was conducted as a means of social reasonableness in order to realize it in light of the value of the purpose of a liberal democracy society.

Therefore, in light of the relationship between the defendant and the victim, the contents and level of the statement, the situation at the time and the victim's appraisal, etc., recognized by the record, the defendant's statement is made.

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