Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

At around 01:40 on April 13, 2014, the Defendant publicly insultingd the victim G by openly putting the victim at the seat of the victim of the F District of the Seoul Dobong Police Station, which was called the F District Party G, with the report of 112 to the reporter D and his work E, etc. on the front of the Dobong-gu Seoul Metropolitan Government building.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Application of Acts and subordinate statutes to CDs or copies of each record book;

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

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Even though the defendant made a statement to the victim as stated in the facts charged in the instant case, it is difficult to view the degree of such expression as an insulting speech that may undermine the social evaluation of the victim’s personal value. Even if somewhat insulting expressions are included, it was made in the process of the defendant’s resistance against the police officer who received a report and dispatched, and the degree of such expression is also minor. In light of the above, the Defendant’s above act constitutes a justifiable act under Article 20 of the Criminal Act, and thus, the illegality should be avoided.

2. Determination

A. The offense of insult as referred to in the crime of insult is an expression of an abstract judgment or a sacrific sentiment, which does not indicate any fact, which may undermine the people’s social evaluation, and even if an expression of opinion, which includes an insulting expression, can be deemed as an act that does not contravene the social norms in light of the sound social norms of the times, pursuant to Article 20 of the Criminal Act.