70s Elderly Man Who Swore at 20s Convenience Store Part-Timer Speaking Informally Found Guilty in Second Trial as Well
[Asia Economy Reporter Kim Daehyun] A man in his 70s who was prosecuted for swearing after a 'casual speech dispute' with a convenience store part-time employee was also found guilty in the appellate court. ▶Refer to Asia Economy's July 19 article, 'A man in his 70s swore at a 20-year-old convenience store part-timer who responded with casual speech [Seocho-dong Legal Story]'.
According to the court on the 28th, the Seoul Central District Court Criminal Appeal Division 9 (Chief Judge Yang Kyungseung) sentenced A (70, male), who was charged with insult, to a fine of 500,000 won, the same as in the first trial, on the 25th.
The appellate court stated, "According to evidence such as CCTV, the door was continuously open facing the road from the moment the defendant entered the convenience store, and immediately after the swearing and finger-pointing, another customer entered, with a very short time interval. At the same time, there were children outside the convenience store," and judged that 'publicity' (a state recognizable by unspecified or multiple people) was still acknowledged.
Earlier, A was accused of swearing at part-time employee B (then 24, female) at a convenience store in Gangnam-gu, Seoul, on November 14, 2020. At that time, A entered the convenience store and briefly said 'product name' and quantity only. B replied, "20,000 won" only. A then said "How dare you speak casually to me?" and argued, "I am older than your father." B responded, "You spoke casually first." Enraged, A swore, saying, "Hey, you XX! You good-for-nothing XX," and B called the police.
A's lawyer argued in court that "publicity is not established," and that he cannot be punished under the criminal law for insult. The claim was that only A and B were present at the scene during the swearing. The lawyer also argued that "since it was a harsh expression made while reprimanding casual speech to an elder, it does not violate the rules of decency." A also appealed, saying, "'What on earth is going on in this world?' and expressed his frustration," asking for consideration of his (unfair) feelings.
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In the first trial, Judge Joo Jinam of the Seoul Central District Court Criminal Division 15, who sentenced a fine of 500,000 won, recognized publicity. He also stated, "For the defendant to be respected by the victim, the defendant must also have an attitude of respecting the victim," and "Speaking casually just because one is much older, or responding to casual speech with casual speech and expressing words close to abusive language without filtering is not an expression that can be naturally allowed under sound social norms."
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