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(영문) 서울북부지방법원 2018.08.17 2018노882
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the legal principles, the victim, including the defendant, filed a false complaint against the occupant of the apartment including the defendant, so the defendant pointed out the above speech and behavior of the victim for the benefit of the occupant in the position of the chairperson of the countermeasures against the resident of the apartment, and thus constitutes a justifiable act as it does not violate the social norms, the court below erred by misapprehending the legal principles on the legitimate act, which affected

B. The lower court’s sentence against an unfair defendant in sentencing (an amount of KRW 300,00) is too unreasonable.

2. Judgment on the grounds for appeal by the defendant

A. As to the assertion of misunderstanding of legal principles, the term “act which does not contravene the social norms” under Article 20 of the Criminal Act refers to an act which is acceptable in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and whether certain act is justified as an act that does not violate social norms, and thus, it should be determined individually by considering the following specific circumstances: (a) the motive or purpose of the act; (b) legitimacy of the act; (c) the means or method of the act; (d) the balance between the legal interests of the protected interest and the infringement; (v) the balance between the protected interest and the interests of the infringement; and (v) supplementary nature that there is no other means or method than the act (see, e.g., Supreme Court Decision 2003Do4934, Jun. 25, 2004). Moreover, even if the issue of public interest and unjust matters should be widely permitted, the act should not be respected by the other party’s specific method of warning without any specific circumstances.

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