Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Criminal facts

The Defendant operated the restaurant called “C” in Silung-si B, and was sexually insultingd on September 20, 2015 by referring D at the place where many people, such as, and his/her employees, customers, etc., are located in the said restaurant, and referring D to the victim as “the head of the Patch.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. Each police statement made to D or E;

1. Investigation report (the defendant and his defense counsel are those of the defendant's name after sunset, whose name is different from that of the defendant, and there was no intention to insult the defendant;

The argument is asserted.

In full view of the following circumstances acknowledged by each of the above evidence, i.e., ① the victim’s title “the head of pigs” for the purpose of leaving the appearance of a female victim D at a place where a majority of the defendant is located; ② the above title appears to be the title used solely for the purpose of playing the victim rather than the victim’s title used by other people; ③ the defendant also knew that the victim could have caused insult under the above title; and ③ the defendant could sufficiently recognize the fact of insulting the victim intentionally; thus, the defendant’s assertion of the defendant and the defense counsel’s defense counsel is without merit).

1. Relevant legal provisions concerning criminal facts, Article 311 of the Criminal Act of the choice of punishment, and the choice of fines (in cases where damage has not yet been recovered, but the defendant has no same criminal record)

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. It is so decided as per Disposition by the assent of all participating Justices on the grounds of Article 186(1) or more of the Criminal Procedure Act.