Busan Criminal Attorney Case | Client Charged With Insult Receives a Suspension of Indictment With a Criminal Attorney's Assistance

🔗Insult is an offense committed when a person directs insulting remarks at another.

As with defamation, a person must be insulted publicly, and insult may be committed where someone commonly hurls abuse at another.

Defamation and insult are distinguished by the fact that there is no statement of specific facts.

Insult requires that three elements be met: publicity, an insulting expression, and identifiability.

The Busan criminal attorney argued the circumstances of the case and contended that the responsibility did not rest with the client alone.

The client was reported on the ground that she had directed insulting remarks at the complainant during an altercation.

However, the altercation began when the complainant first shoved the client, and the complainant also directed considerable abuse at the client.

The client was pregnant at the time and, on the day of the incident, asked the complainant, who was seated in a priority seat for pregnant women on the subway, to give up the seat.

The complainant then responded along the lines of asking what was so special about being pregnant and hurled insulting and harsh abuse.

Angered by this, the client also got into a verbal argument and ended up uttering abuse as well.

The Busan criminal attorney emphasized that the incident had started with the complainant.

The Busan criminal attorney argued that it was a spontaneous expression arising from heightened emotions during the dispute, and that it did not lower the social evaluation of the other party's personal worth.

Precedent provides that, if an expression is not such as to lower the social evaluation of the complainant's personal worth, then even if that expression is conveyed in a somewhat discourteous manner, it cannot be regarded as meeting the elements of insult.

It further held that, even where, during a dispute, an expression is discourteous and crude and may cause discomfort in the course of expressing dissatisfaction or anger at the other party's attitude amid heightened emotions, it is difficult to regard it as insult if it is not, objectively, a remark that would lower the social evaluation of personal worth.

Insult is a crime requiring a complaint to prosecute, and a public prosecution may be brought only if a complaint has been filed.

Even if a complaint has been filed, punishment may be avoided if the victim withdraws the complaint.

If you have been involved in an insult case, you may also be able to conclude the matter, with the help of a criminal attorney, by leading the victim to withdraw the complaint through a settlement and similar means.

Daeryun Law Firm provides defense assistance tailored to the client's situation through a criminal attorney during consultation, investigation, and trial.

If you are seeking the help of a criminal attorney in connection with insult, please visit the Daeryun Law Firm 🔗Busan attorney office.