If the defendant does not pay the above fine, KRW 100,000.

[criminal power] On May 3, 2019, the Defendant appealed from the Incheon District Court to a two-year suspended sentence of imprisonment with prison labor for the offense of insult, etc. In the appellate court, the lower judgment was reversed due to a change in indictment at the appellate court, and the Defendant was sentenced to a two-year suspended sentence of imprisonment with prison labor for April, and the said judgment became final and conclusive on July 4, 2020.

【Criminal Facts】

On January 28, 2019, around 14:30, the Defendant publicly insultingd the victim by openly insulting the Defendant’s fingers of the Defendant into the Defendant’s head by taking the Defendant’s fingers into consideration the Defendant’s fingers from the elevator located in the Michuhol-gu Incheon District Court No. 173-ro, Michuhol-gu, Incheon, Incheon District Court, and three persons, such as B and others.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and B;

1. Partial statement of the police interrogation protocol of the accused;

1. Statement to C by the police;

1. A complaint;

1. Previous records of judgment: Criminal history records, copies of written judgments, copies of search pictures of integrated cases, printed materials of search screen pictures of Supreme Court Na case, reference materials submitted by prosecutors as of November 18, 2020 [one copy of the date of confirmation, one copy of the Incheon District Court Decision (2018 Godan8937) and one copy of the Incheon District Court Decision (201No1388) shall apply;

1. Article 311 of the Criminal Act and Article 311 of the same Act concerning criminal facts and the choice of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel asserted that the defendant did not have the intention to insult the defendant, and the other person aboard the elevator did not view the behavior of the defendant, and therefore, the insulting performance does not exist as to the assertion of the defendant and defense counsel under Article 334(1) of the Criminal Procedure Act.

However, performance in the crime of insult refers to the state in which an unspecified or many unspecified persons can recognize (see, e.g., Supreme Court Decisions 98Do1949, Sept. 8, 1998; 83Do3292, Feb. 28, 1984). In accordance with the evidence of the judgment, public performance refers to the state in which an unspecified or many unspecified persons can recognize it.