CONTENTS
- 1. The Client Who Came to the Yongin Attorney
- 2. Information on the Crime of Insult Explained by a Yongin Attorney
- - The Range of Punishment for the Crime of Insult
- - The Elements of the Crime of Insult
- - The Range of Punishment for Minors
- 3. The Yongin Attorney's Assistance Strategy
- - Argued That the Client's Son's Profanity Was Not Directed at the Victim
- - Argued That Even If Profanity Was Used, There Was No Public Nature and So It Did Not Constitute Insult
- 4. With the Yongin Attorney's Assistance, the Client Obtained a Non-Disposition Decision
- - If You Face Punishment for the Crime of Insult
1. The Client Who Came to the Yongin Attorney
This is the story of the client who sought out the Yongin attorney.
The client's son was playing soccer in a park and, while going to retrieve the ball, accidentally bumped into a person next to him.
Having bumped into the other person somewhat hard, the client's son, without realizing it, muttered a curse word to himself.
The other party, who heard this, became angry and reported the client's son for the crime of insult.
When the son, who is still a minor, faced the risk of criminal punishment and a protective disposition, the client promptly requested the assistance of the Yongin attorney in order to avoid punishment for the son.
2. Information on the Crime of Insult Explained by a Yongin Attorney
As in the case of the client's son handled by the Yongin attorney, where a person makes a statement that can publicly damage another person's honor, the person may be punished for the crime of insult.
The types of the crime of insult may include profanity, demeaning remarks, and the like, and the level of punishment is as follows.
The Range of Punishment for the Crime of Insult
A person who publicly insults another shall be punished by imprisonment with or without labor for up to 1 year or a fine of up to 2 million won.
As shown here, insult is addressed under the Criminal Act.
Insult is a crime established by publicly insulting a person, and the difference between defamation and insult lies in the fact that there is no statement of specific facts.
The Elements of the Crime of Insult
The elements of the crime of insult are as follows.
| Publicity The insulting act must be in a state where an unspecified or large number of people can perceive it. |
| Identifiability of the Victim It must be possible to identify who the victim is. |
| Insulting Nature A contemptuous expression sufficient to lower the victim's social evaluation must be used. |
For the crime of insult to be established, there must be publicity and a subjective awareness and acceptance of insulting the other party.
For the accused, proving the absence of the above elements in his statements is most important, and if this is proven, a finding of no suspicion may be obtained.
The Range of Punishment for Minors
Because the client's son was a minor (14 years old), he could be subject to criminal punishment and a protective disposition.
Like adults, they are subject to criminal punishment (imprisonment with labor, imprisonment without labor, fines) under the "Criminal Act."
-From 14 to 17 years of age
Like adults, they are subject to criminal punishment (imprisonment with labor, imprisonment without labor, fines) under the "Criminal Act" as well as protective dispositions (such as community service orders).
However, where the offense would have warranted the death penalty or life imprisonment had it been committed by an adult, they receive a 15-year sentence in place of the death penalty or life imprisonment.
- From 10 to 13 years of age
Instead of punishment under the "Criminal Act" (imprisonment with labor, imprisonment without labor, fines), they receive a protective disposition under the "Juvenile Act" (confinement in a juvenile reformatory).
Concerned that his son might be subject to criminal punishment or a protective disposition and that problems might arise in the future, the client requested that a non-disposition decision be obtained as far as possible, and accordingly the Yongin attorney established an assistance strategy in line with the client's request.
3. The Yongin Attorney's Assistance Strategy
After confirming the situation of the client's son, the Yongin attorney provided assistance as follows.
Argued That the Client's Son's Profanity Was Not Directed at the Victim
The Yongin attorney argued that, although it was true that the client's son had unilaterally bumped shoulders, he had not used profanity in order to publicly insult the victims.
The attorney argued that, while running to retrieve a ball that had flown away during a soccer game, the son bumped shoulders with a stranger and quietly muttered profanity to himself in passing, and that it was not directed at the victims by name.
The attorney also argued that, although it was true that profanity had been used, it was merely an expression commonly used by the client's son to vent his own dissatisfaction or anger, without referring to the victims, that it did not constitute an insult, and that it had not been directed at the victims at all.
Argued That Even If Profanity Was Used, There Was No Public Nature and So It Did Not Constitute Insult
Under the Criminal Act, insult is a crime established when a person publicly insults another.
The victim claimed that the client's son used profanity loud enough for an unspecified number of people to hear.
However, because only the client's son, two friends, and the victim were present at the scene at the time of the incident, it cannot be said that there was a possibility of dissemination, and it is difficult to find that the unspecified number of people claimed by the victim were in a position to perceive the profanity, so it was argued that the element of publicity was lacking.
4. With the Yongin Attorney's Assistance, the Client Obtained a Non-Disposition Decision
The court, accepting the Yongin attorney's arguments, determined that a protective disposition was unnecessary and issued a non-disposition decision in this case.
The client, who had worried that a young son might receive a protective disposition over a single incident, expressed sincere gratitude to the Yongin criminal attorney, stating that with Daeryun's assistance the son received a non-disposition decision.
The crime of insult involves meticulous legal contention in order to determine fault.
Daeryun Law Firm's Yongin attorneys have extensive experience with cases related to the crime of insult and provide one-stop case assistance tailored to each client's case.
If You Face Punishment for the Crime of Insult
If you become embroiled in an insult case, as in the case of the client's son, securing various forms of evidence is most important.
Insult cases also, in most instances, arise in situations where one is impulsively swept up by emotion.
Because this is an offense that may result in severe punishment depending on the circumstances even where there was no intent, it is important to establish a strategy through the assistance of a specialist attorney with extensive experience in insult cases.
If you are at risk of being punished for insult, please seek the assistance of a Law Firm Daeryun 🔗criminal law specialist attorney.
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.
