Anyang Criminal Attorney Assistance Case | Non-Prosecution for a Client Charged With Insult

The client of the Anyang criminal defense attorney is a high school student attending a certain school.

While carrying on an ordinary school life, the client was reported for school violence by a classmate who claimed that the client had insulted and assaulted him.

However, the client expressed a sense of injustice, acknowledging that he had used abusive language but stating that he had no intent to insult and that he could not admit to the alleged assault.

Fortunately, the client avoided punishment by the school violence committee, but the matter proceeded as a criminal case.

The client requested the assistance of the Anyang criminal defense attorney in order to defend against criminal punishment for 🔗insult.

Insult is punished under Article 311 of the Criminal Act.

The punishment for insult may vary depending on the circumstances, and it may also be aggravated depending on the case.

Because the criteria for establishing insult may vary depending on various precedents and circumstances, if you are involved in an insult case, it is advisable to respond promptly with the legal advice of a specialized attorney.

The client stated that, while it was true that he had directed profanity at the victim, this had occurred while he was trying to stop the victim's wrongful conduct.

The client also stated that the other students nearby at the time of the incident answered that they had not heard the profanity.

Accordingly, it was emphasized that the only person who heard the client's profanity was the victim, and that publicity was not established.

The victim claimed that the client had continuously committed insults and had even committed assault.

However, regarding the insults and assault claimed by the victim, neither evidence nor any witness who heard them came forward.

Accordingly, we emphasized that there was no evidence as to whether the client had actually committed insult.

The criminal specialist attorney determined that it was necessary to closely examine the content of the insult the client had directed at the victim.

The attorney built the argument based on a Supreme Court precedent stating that "if an expression is not to the extent of lowering the victim's social evaluation, it cannot be regarded as meeting the elements of the crime of insult, even if the expression was made in a rude manner." (from Supreme Court Judgment 2015Do2229, decided September 10, 2015)

The attorney emphasized that the client's words and conduct were not to the extent of lowering the victim's social reputation, and that therefore the crime of insult was not established.

Although the client was a high school student, the client faced the risk of receiving criminal punishment for the crime of insult and having a criminal record, but with the assistance of a criminal defense attorney, the client was able to defend against punishment.

The crime of insult is a crime that can be established when a statement is made that lowers someone's social reputation.

The level of punishment may vary depending on various circumstances, such as where the statement was made and whether anyone heard it, so the assistance of a specialized attorney is needed.

At Daeryun Law Firm, attorneys with experience handling various criminal cases assist clients by reviewing precedents and laws suited to the case.

If you face the risk of criminal punishment, please request assistance from the Anyang criminal law attorney through a 🔗legal consultation appointment.