A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

The defendant and the victim B(the age of 65) are elementary school clubs.

At around 11:00 on March 31, 2017, the Defendant made a public insultd the victim by openly fluoring the victim to “I am, I am, and I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am.”

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness B’s statutory statement;

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

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

3. Determination of the Defendant and defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion was that the Defendant did not take the victim’s desire, and the performance of the offense of insult is not recognized.

2. Determination:

A. The term “influence” as referred to in the relevant legal doctrine refers to the expression of an abstract judgment or satisfic sentiment that could undermine a person’s social assessment without mentioning a fact.

(1) In cases where a third party is aware of a person’s external reputation at the time of indication, the crime of insult refers to a situation in which an unspecified person or a large number of people can be recognized (see, e.g., Supreme Court Decision 2008Do8917, Dec. 11, 2008). The crime of insult refers to a situation in which public performance can be recognized by an unspecified person, and it is sufficient to publicly indicate an abstract judgment that may undermine a person’s external reputation. As such, it does not necessarily require a third party to recognize it at the time of indication (see, e.g., Supreme Court Decision 2003Do4934, Jun. 25, 2004).