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Deals & Cases

Insult, Bodily injury, Destruction of property

Elements of Insult | Non-Disposition Decision for a Juvenile Facing Punishment for Insult and Other Offenses

The client, who came to the firm wishing to know the elements for the establishment of insult, was a juvenile suspected of insult. The specialist attorney defended the client and obtained a non-disposition decision on the insult charge.

CONTENTS
  • 1. Elements of Insult | The Reason for Seeking a Specialist Attorney
    • - The Client's Story
    • - The Victim's Arguments
  • 2. Elements of Insult | Punishment Level
    • - Elements of Destruction of Property
    • - Elements of Infliction of Bodily Injury
    • - The Possibility of Punishment for Juvenile Crime
  • 3. Elements of Insult | Specialist Attorney's Assistance
    • - Emphasizing the Absence of Intent to Insult
    • - Emphasizing That No Act of Destruction of Property Occurred
    • - Emphasizing the Absence of Any Basis for the Bodily Injury
  • 4. Elements of Insult | Case Outcome

1. Elements of Insult | The Reason for Seeking a Specialist Attorney

This is the account of a client who sought the advice of a specialist attorney regarding the requirements for establishing the crime of insult.


The client was a youth in the first year of middle school and said he was facing charges of the crime of insult, the crime of destruction of property, and the crime of infliction of bodily injury.


The client said he had no idea why he had been accused and placed at risk of punishment in this case, and asked us to confirm whether his conduct met the requirements for establishing the crime of insult.


The account the client gave to the specialist attorney was as follows.

The Client's Story

The client's account regarding the elements of insult

The client took part in an overseas exchange camp run by the school during the vacation.


The client was assigned to the same room as the victim in this case at the camp and spoke with the victim for the first time, and the client said that they had not originally known each other.


The client and the victim played a card game to build rapport, and as the victim kept losing the game, the victim swore at the client several times.


In response, the client told the victim to calm down, but the victim suddenly slapped the client's cheek, and to stop this the client grabbed the victim's collar.


However, the victim did not stop assaulting the client, and as the client swung an arm to get away from the victim, the client struck the victim's neck area, and the situation came to an end.

The Victim's Arguments

In filing this complaint, the victim claimed that the client continuously used abusive language during the game, satisfying the elements of the crime of insult.


The victim also said that the client pulled the victim's collar and tore the clothing, constituting destruction of property, and that the client struck the victim's neck and caused bleeding, thereby also satisfying the elements of the crime of infliction of bodily injury.

The victim thus filed a complaint against the client on a total of 3 charges.

2. Elements of Insult | Punishment Level

🔗InsultThe elements of the crime of insult are as follows.

Publicity : the intent to insult another in a state in which an unspecified number of people can perceive it

Act of insult : a contemptuous expression that degrades the other party's personal value, reputation, and the like

Specificity : a personal disparagement of a specific person, identifying the other party by real name or otherwise

If the elements of the crime of insult are met, under Article 311 of the Criminal Act the offender is subject to imprisonment with or without labor for not more than one year or a fine not exceeding 2 million won.

According to the Supreme Court decision of December 24, 2015, Case No. 2015Do6622, not every expression that is somewhat rude or vulgar can be punished as insult under the Criminal Act; the expression must be such that it could degrade the social evaluation of the other party's personal value.

The crime of insult under Article 311 of the Criminal Act is a crime whose protected legal interest is external reputation, meaning the social evaluation of a person's worth. Insult as referred to in the crime of insult means expressing an abstract judgment or a contemptuous feeling that could degrade a person's social evaluation, without stating any fact (see Supreme Court decision of May 12, 1987, Case No. 87Do739, and Supreme Court decision of November 28, 2003, Case No. 2003Do3972).

However, language is the most basic means of human expression, and each person may have different linguistic habits, so not every expression can be punished as insult under the Criminal Act merely because it is somewhat rude and vulgar.

Accordingly, if an expression is not such that it could degrade the social evaluation of the other party's personal value, it cannot be regarded as constituting the elements of the crime of insult, even if that expression was conveyed in a somewhat rude and vulgar manner (see Supreme Court decision of September 10, 2015, Case No. 2015Do2229).

Elements of Destruction of Property

The elements required to establish destruction of property are as follows.


Another person's property : an item belonging to another person and not one's own

Act of destruction : an act that impairs the original use or utility of property, such as graffiti, breakage, damage, or contamination

Intent : the intention to damage the property

If the elements of destruction of property are met, the offender is subject, under Article 366 of the Criminal Act, to imprisonment of up to 3 years or a fine of up to 7 million won.

Elements of Infliction of Bodily Injury

The requirements for the establishment of the crime of 🔗bodily injury are as follows.


Physical harm : conduct that damages another's body or causes a disorder to physiological function, such as bleeding, fracture, or bruising

Intent : acting with the intention of inflicting injury, or with awareness of its possibility

When the requirements for the crime of infliction of bodily injury are met, under Article 257 of the Criminal Act the offender is subject to imprisonment for not more than 7 years, suspension of qualifications for not more than 10 years, or a fine not exceeding 10 million won.

The Possibility of Punishment for Juvenile Crime

The client in this case was a youth under 14 years of age and was subject to juvenile protection proceedings.


When a youth aged 10 or older and under 19 commits an offense under the Criminal Act, the youth is subject to 🔗juvenile crime protective disposition.

Among these, a youth aged 14 or older and under 19 is classified as a juvenile offender, and if a serious offense is committed, criminal punishment rather than a protective disposition may be imposed.

The types of protective disposition are as follows.


▶No. 1 : Entrustment to protective custody of a guardian

▶No. 2 : Attendance order

▶No. 3 : Community service order

▶No. 4 : Short-term probation

▶No. 5 : Long-term probation

▶No. 6 : Entrustment to a child welfare facility or a juvenile protection facility

▶No. 7 : Entrustment to a hospital or a medical protection facility

▶No. 8 : Referral to a juvenile reformatory within one month

▶No. 9 : Short-term referral to a juvenile reformatory

▶No. 10 : Long-term referral to a juvenile reformatory

In the case of a protective disposition, no criminal record remains, so it may be regarded lightly. However, the investigation history is recorded, so if an offense is committed later, the person may become subject to aggravated punishment, which requires caution.

3. Elements of Insult | Specialist Attorney's Assistance

The specialist attorney provided assistance as follows in order to argue that the requirements for the establishment of insult were not met in the client's case.

Emphasizing the Absence of Intent to Insult

In this case, it is true that the client, in the process of being subjected to abusive language and assault by the victim, uttered abusive language about twice in a moment of anger.


However, this was merely uttered momentarily in a situation of being subjected to abusive language and assault, and it was not a statement intended to lower the social evaluation of the victim's personal worth.


The specialized attorney, citing this point, argued that the client's abusive language was a momentary expression of anger used to express feelings of anger about the situation at the time, and thus did not meet the elements for establishing the crime of insult.

Emphasizing That No Act of Destruction of Property Occurred

While being threatened by the victim, the client, in attempting to push the victim away, slipped and ended up grabbing the victim's collar.


The client grabbed the victim's collar for only a few seconds, however, and the clothing was not damaged.


The specialist attorney argued that even if the clothing had been damaged, it occurred in the course of the client defending himself to escape the victim's assault, and that the client had no intent to commit destruction of property.

Emphasizing the Absence of Any Basis for the Bodily Injury

The client sustained a fracture from being assaulted by the victim and received emergency treatment immediately after the incident occurred.


However, the victim did not complain of any pain and did not receive any hospital treatment.


To prove this, the specialized attorney submitted as evidence a video filmed by a teacher immediately after the incident occurred, and argued that the victim was carrying on daily life normally.


In addition, the specialized attorney emphasized, through the Office of Education, that the client’s conduct in the incident was recognized as self-defense permissible under social norms, and that the crime of infliction of bodily injury therefore could not be established against the client.

4. Elements of Insult | Case Outcome

Elements of insult | Result of the case

Due to the assertion of the victim, who filed a complaint against the client claiming that the elements of insult were satisfied, the client was at risk of a protective disposition.


However, with the assistance of a specialized attorney, the client obtained a non-disposition decision on the charges of insult, bodily injury, and destruction of property.


This meant that the client was found by the juvenile division of the family court to have no charge against them. Because a protected juvenile may face future disadvantages if subjected to a protective disposition, it is necessary to respond quickly.


If you entrust a case in a situation like that of the client in this case, our criminal law attorney and school violence attorney will collaborate to present a strategy tailored to the client's case.


If you need assistance in defending against a protective disposition, please proceed right now with a 🔗legal consultation reservation.

모욕죄성립요건 | 모욕죄 등 처벌 위기 청소년 불처분 결정

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.

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