A. The defendant's act of mistake of facts has no public performance.

At the time of the defendant's desire to take part in the victim's workplace, only 5 to 6 subway control team members, a victim's workplace, were at the same time, and there were considerable distance from the site where there were general people.

Only 5 to 6 subway control members can not be considered to fall under many.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 300,000) is too unreasonable.

2. Determination

A. The “public performance” in the crime of insulting a mistake of fact-finding means a state in which many and unspecified persons can be recognized, so if there is a possibility that certain facts about a specific person may be disseminated to an unspecified or unspecified person, even if they talk about a certain fact, it shall be deemed that the performance is lacking if it satisfies the requirements of performance, or if there is no possibility to spread otherwise.

(2) The Defendant’s speech at the time of committing the crime is deemed to have a performance, in full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court. However, in full view of the Defendant’s place, method, and specific remarks, it is reasonable to deem that the Defendant’s speech at the time of committing the crime had a performance.

① As the Defendant himself recognized, at the control site of this case, there were 5 to 6 subway control members including the victim, and the Defendant’s act in itself can be seen as an insulting act in front of many people.

② Although other subway control team members at the time of the instant case were the victim’s workplace club fees, it is difficult to view that they were in a special trust relationship that does not spread the content of the victim’s family relationship or the Defendant’s explanation with the victim.

③ The site of this case is immediately adjacent to the subway C Opening, and in light of the time (14:35 times) there were many transits around the subway.