Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Criminal facts

On July 28, 2016, the Defendant did not pay KRW 74,00,00 in D parking lot located in Busan Dongdong-gu, Busan on July 28, 2016, and the Defendant reported KRW 112 to the victim F (48 years old) under the circumstances belonging to Busan Dong-dong Police Station E District, Busan on the ground that the victim F (48 years old) paid the drinking value to the Defendant and would be said to have paid the drinking value to the Defendant, while there are many unspecified unspecified persons, the Defendant: “The Defendant had to have his soned to have his bit bit bit bit bit

The President had become more known than the President;

이름이 뭐꼬, F, F, F가 뭐꼬 ”라고 큰 소리로 말하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements from relevant witnesses);

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. The reason for conviction of the Defendant under Article 334(1) of the Criminal Procedure Act, and the statement made by the Defendant in the judgment of the Defendant was made in the process of confirming whether the victim’s affiliation and name should be asked and reported, not only does it constitute insult but also there was an intention to insult the Defendant.

Now at the time, there was only one police officer and the main officer of the dispatch in addition to the defendant and the victim, and therefore, the insult was performed in a public performance.

It is difficult to see that the defendant is not guilty of insult.

We examine this.

The offense of insult is established when a person is openly insulting (Article 311 of the Criminal Act). It is a crime of protecting a person’s external reputation, referring to a social evaluation of a person’s value, and “a person’s desire” refers to the expression of an abstract judgment or sacrific sentiment, which is likely to undermine a person’s social evaluation without a statement of fact.

In addition, the offense of insult is an abstract judgment or a sacrific evaluation that could undermine the external reputation of the victim.