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(영문) 수원지방법원 안산지원 2019.07.25 2019고정324
모욕
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant and the victim B are members of the Diplomatic Egrative Egrative Egrative Egrative Egrative Egrative Egrative Egrative Egrative Egrative Egrative Egrative Egrative Egrative Egratives

On October 28, 2018, at the 13:28th floor of the above D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D’s attempt to regard the victim as “I wish to do so or I wish to do so,” and the victim expressed his desire to “I wish to do so because I want to do so or spit it,” while the 20 members are kept.

Accordingly, the defendant openly insultingd the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

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. Penalty fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day converted);

1. Determination as to the assertion by the defendant and his defense counsel under Article 59(1) of the Criminal Act (the grounds why the defendant committed the above act are considered in light of the circumstances where the defendant committed the above act, and the defendant's age, character and conduct, environment, etc. are considered as the primary offender)

1. The defendant's act of assertion is an action corresponding to the statement of sexual harassment, and it does not constitute a crime because the illegality is excluded as an action socially reasonable or as a legitimate act.

2. It is difficult to justify the social norms that one’s improper speech and behavior is not justified on the ground of the wrong speech and behavior of the other party to the judgment.

Therefore, we cannot accept the above argument of the defendant and his defense counsel.

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