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

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

Punishment of the crime

Around 02:10 on March 26, 2013, the Defendant was aware of the details of the victim slope E dispatched from D head office in Eunpyeong-gu, Seoul to 112 report, and the Defendant was sexually insultingly insulting the victim by openly insulting the victim, without any particular reason, who asked the Defendant whether there was a threat to his/her body. In addition, the Defendant was sexually insulting the victim with three persons, including the main agent and the customer.

Summary of Evidence

1. A witness F and E’s each legal statement 1. Investigation Report (business owner G and telephone conversation) and defense counsel’s assertion, the Defendant and defense counsel asserted that there is no performance because there was only two Defendant and police officers at the time, even if the Defendant had expressed a desire to do so on the facts charged in the instant case.

Since the public performance in the crime of insult means the state in which many unspecified persons can be recognized, if there is a possibility that a certain fact about a specific person can be disseminated to an unspecified or many unspecified persons, even if they talk about it, it meets the requirements of performance. At that time, it is determined that there is a possibility of dissemination because there was a police officer other than the victim, as well as a situation in which many people such as drinking house and other customers can enter.

Therefore, the defendant and defense counsel's above assertion is not accepted.

Application of Statutes

1. Relevant Article 311 of the Criminal Act concerning facts constituting an offense and Article 311 of the Selection of Punishment;

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