CONTENTS
- 1. The Client Who Visited the Bucheon Law Office
- - The Circumstances Leading to the Visit to the Bucheon Law Office
- 2. Laws Relevant to the Case Explained at the Bucheon Law Office
- 3. Assistance from the Bucheon Law Office
- 4. The Bucheon Law Office's Argument
- 5. The Court's Decision on the Bucheon Law Office's Argument
- - If You Need the Help of the Bucheon Law Office
1. The Client Who Visited the Bucheon Law Office
The client, wishing to hold the offender who committed insult legally accountable through the law office's assistance, came to the Bucheon attorney for a consultation on representation in filing a complaint.
The Circumstances Leading to the Visit to the Bucheon Law Office
The detailed account of the client who held a consultation at the Bucheon law office is as follows.
The client had been on close terms with an acquaintance, sharing hobbies such as going hiking together.
Then one day, while talking about politics, the two had a serious argument over a difference of opinion.
This caused their relationship to grow distant, and they held ill feelings toward each other.
One weekend evening, the client arrived at a restaurant to dine out with family, and there happened to run into the acquaintance.
Their argument resumed, and the acquaintance hurled unspeakable insults at the client and even threw a beverage can.
The client tried not to make the matter worse, but decided to file a complaint against the acquaintance in order to prevent harm to the client's family.
Wishing to resolve the matter quickly through the assistance of an attorney with experience handling various 🔗insult cases, the client requested the help of the Bucheon attorney.
2. Laws Relevant to the Case Explained at the Bucheon Law Office
The client who sought help from the Bucheon law office wished to file a complaint against the offender for insult.
Insult is an offense committed when a person publicly insults another and lowers that person's social standing.
If the charge of insult is established, the offender may be punished under Article 311 of the Criminal Act by imprisonment for not more than one year, imprisonment without labor, or a fine not exceeding 2 million won.
Elements of the Offense of Insult
① Publicity: the insulting act must be carried out publicly
② Specificity: the insulting act must be directed at a specific person
③ Insulting language or expression: insulting language or an insulting expression must be used
④ Conditional intent: there must be conditional intent in committing the insulting act
3. Assistance from the Bucheon Law Office
The Bucheon law office analyzed the elements of the offense of insult and relevant precedents, established a systematic strategy, and made the following arguments.
1. Was there publicity in the offender's insulting act?
2. Did the offender lower the client's social standing by using insulting expressions?
4. The Bucheon Law Office's Argument
Among the elements of the offense of insult, publicity means a state in which an unspecified number or a multitude of persons can perceive the act.
According to Supreme Court precedent, the insult referred to in the offense of insult means expressing an abstract judgment or a contemptuous sentiment capable of lowering a person's social standing, without alleging any fact.
At the time the incident occurred, there were several people inside the restaurant, and because it is a space used by many people, publicity can be found to exist.
The offender continued to hurl insults at the client, who wished to bring the situation to an end, and this conduct continued for about 10 minutes.
The Bucheon law office argued that the content of the offender's insults likewise expressed an abstract judgment or a contemptuous sentiment capable of lowering the client's social standing, and therefore clearly constituted the offense of insult.
5. The Court's Decision on the Bucheon Law Office's Argument
The court, accepting the Bucheon law office's argument, sentenced the offender to a fine.
The client conveyed deep thanks to the Bucheon attorney.
If You Need the Help of the Bucheon Law Office
If you are involved in a criminal case, a dispute may arise over the elements of the offense, so analyzing these accurately and responding systematically can be important.
At Daeryun, criminal attorneys assist clients actively by handling representation in filing complaints and providing counsel.
By operating the latest analytical equipment and programs, they lawfully collect evidence and resolve cases promptly.
If you wish to proceed with representation in filing a complaint for insult as in the case above, please use the criminal attorney 🔗legal consultation booking to refer your case.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
