CONTENTS
- 1. The Client Who Came to the Ulsan Law Firm
- - How the Client Came to the Ulsan Law Firm
- 2. Laws Relevant to the Case as Explained by the Ulsan Law Firm
- 3. The Ulsan Law Firm's Assistance
- - Ulsan Law Firm Argues That the Victim Disrupted the Progress of the Meeting
- - Ulsan Law Firm Argues That the Client Is Deeply Repentant
- - Ulsan Law Firm Argues That the Client Reached a Settlement With the Victim
- 4. The Court's Decision on the Ulsan Law Firm's Arguments
- - If You Need the Assistance of the Ulsan Law Firm
1. The Client Who Came to the Ulsan Law Firm
The client who came to the Ulsan law firm was in a situation of facing a heavy punishment after insulting the victim in front of several people.
The client requested the assistance of the Ulsan law firm in order to reduce the sentence as much as possible.
How the Client Came to the Ulsan Law Firm
The client in this case is the chairperson of an apartment election management committee.
One day, the client was holding a meeting with residents regarding election matters.
The victim began to raise complaints about the various policies currently being carried out.
These complaints went beyond reasonable bounds and even disrupted the progress of the meeting.
When the meeting was interrupted by the victim, the angry client used profanity in front of several people and publicly insulted the victim.
The victim, who felt offended, filed a criminal complaint against the client.
The client came to the Ulsan law firm in order to reduce the sentence as much as possible.
2. Laws Relevant to the Case as Explained by the Ulsan Law Firm
Criminal Act, Article 311 (Insult)
A person who publicly insults another shall be punished by imprisonment or imprisonment without labor for not more than one year, or by a fine not exceeding 2 million won.
Supreme Court 2016 Precedent, etc.
Insult, as referred to in the crime of insult, means expressing an abstract judgment or a contemptuous sentiment that is capable of degrading a person's social reputation, without alleging a fact.
It is not required that the victim's external reputation be actually harmed, or that a specific, concrete risk of harm arise.
Supreme Court 2016 Precedent, etc.
The Supreme Court has held, in a case in which a person loudly used profanity toward police officers who had responded to a 112 emergency call, that
by directing profanity containing contemptuous expressions at the individual officers, the person committed an act of insult that risked degrading the evaluation of the officers' individual personal worth.
3. The Ulsan Law Firm's Assistance
The Ulsan law firm identified the circumstances favorable and unfavorable to the client and devised a systematic strategy.
The Ulsan law firm presented its arguments, asserting the following points.
Ulsan Law Firm Argues That the Victim Disrupted the Progress of the Meeting
The victim had, in the past, committed a serious mistake that caused a re-election of the chairperson of the residents' representative meeting and thereby caused harm.
The firm emphasized that the client committed the offense out of concern that the same kind of harm as in the past might occur again.
Ulsan Law Firm Argues That the Client Is Deeply Repentant
Regardless of the circumstances of the offense, the client admitted all of his wrongdoing and, in sincere repentance, wrote a letter of reflection.
The firm emphasized that the client's family and acquaintances earnestly hoped for leniency toward the client.
Ulsan Law Firm Argues That the Client Reached a Settlement With the Victim
The client admitted all of the facts of the offense, sincerely apologized to the victim, and reached an amicable settlement with the victim by paying a settlement sum.
The firm emphasized that the victim, as a result, expressed the intention not to seek punishment of the client.
4. The Court's Decision on the Ulsan Law Firm's Arguments
The court accepted the Ulsan law firm's arguments and imposed on the client a relatively light ‘fine’.
If You Need the Assistance of the Ulsan Law Firm
Daeryun forms a team of criminal law attorneys of 3 to 20 members appropriate to the scale of the case, and presents reasonable and appropriate strategies for criminal cases.
In criminal cases, the initial response is the most important, so it can be said that the assistance of a criminal law attorney is essential.
If you need the assistance of an attorney in a situation similar to this case, you are welcome to turn to Daeryun, which operates a system providing consultation and response 24 hours a day, 365 days a year, at any time.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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