Defendant shall be punished by a fine of KRW 300,000.

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

Punishment of the crime

Around 04:00 on April 30, 2016, the Defendant publicly insultingd the victim C (Woo 23 years old) who is waiting for a taxi in the 77-ro taxi platform located in Seocho-gu, Gangnam-gu, Seoul, 9, Seonam-gu, Seoul, about April 30, 2016, stating that “Woo son” was a large interest.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C and D;

1. Application of the police statement protocol law to C

1. Article 311 of the Criminal Act applicable to the facts constituting an offense and Article 311 of the choice of punishment;

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

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The crime of insult is established when a person is openly insulting (Article 311 of the Criminal Act). The legal interest of the victim’s external reputation means the social evaluation of a person’s value. Here, insult means the expression of an abstract judgment or sacrific sentiment, which is likely to undermine a person’s social evaluation, without mentioning any fact (see, e.g., Supreme Court Decisions 87Do739, May 12, 1987; 2003Do3972, Nov. 28, 2003). The crime of insult is established by openly expressing an abstract judgment or sacrific sentiment that is likely to undermine the victim’s external reputation, and thus, the victim’s external reputation is not practically infringed or the risk of infringement is not generated (see Supreme Court Decision 2016Do9674, Oct. 13, 2016).

2. The victim’s statement is consistent in a basic point of view, consistent with the present situation and important part known by witness’s statement, and it can be reliable. Even based on the defendant’s statement, the victim was asked at the victim’s location of inter-regional bus boarding board, etc. at the time. The victim also made a short conversation in a face-to-face, such as having a eye with the defendant.