모욕
The judgment of the court below is reversed.
The defendant shall be innocent.
1. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of the legal doctrine) is cited as the grounds for appeal by mistake of facts and misapprehension of the legal doctrine. The allegation of fact is that the court of the original instance recognized the offense of insult by misunderstanding the legal doctrine as to the public performance of the offense of insult, and as a whole, the court
At the time of the Defendant’s humping as stated in the judgment of the court below, the Defendant’s wife, victim, and police officer was merely the victim’s figure at the time of the Defendant’s humping as stated in the judgment of the court below, and performance, which is the element of
2. Summary of the facts charged and the judgment of the court below
A. The summary of the facts charged lies in the victim’s vehicle and the Defendant’s contact accident at the front parking lot of the office in the Seocho-gu Seoul Seocho Police Station E office around March 19, 2017, in accordance with the Seocho-gu Seoul Metropolitan Government distribution around 18:00 and around March 19, 2017.
“Ig, width, this year, or not on the part of the victim, on the part of the police officer, etc. of the above police station H, on the ground that the victim stated, “Ig, p, this year;”
In the year of the conclusion of the judgment, the victim publicly insultingd the victim by “N”.
B. The lower court found the Defendant guilty of the instant facts charged based on the duly adopted evidence.
3. Determination on whether a deliberation was made
A. Performance, which is the element of the crime of defamation, refers to the state in which an unspecified person or a large number of people can be recognized, and even if one person expresses a fact, if there is a possibility of spreading it to an unspecified person or an unspecified person, it shall meet the requirements of performance, but if there is no possibility of spreading it differently, it shall be deemed a lack of performance, and the same applies to performance, which is the element of the crime of insult (see, e.g., Supreme Court Decisions 83Do49, Apr. 10, 1984; 2008Do2090, Apr. 24, 2008).