모욕
The defendant shall be innocent.
1. At around 02:30 on September 26, 2013, the Defendant publicly insultingd the victim on the part of F personal taxi operated by the victim E in front of the Dat in Jeju Island, stating that “I am her in smoking, I am her in smoking, and I am her in smoking,” without any reason.
2. The “public performance” in the crime of insult refers to the state in which many, unspecified or unspecified persons can be recognized. Thus, if there is a possibility that a certain fact about a certain person might be disseminated to an unspecified or unspecified person, the requirements of the public performance are satisfied, but if there is no possibility that it might spread differently, the public performance is lacking.
(See Supreme Court Decision 83Do49 delivered on April 10, 1984). In this case, the place where the defendant was able to take a bath was a taxi, and there was one person working on the defendant, victim, and defendant in the taxi.
Thus, it is difficult to view that the defendant's abusive theory can be disseminated to many unspecified persons in light of the relationship between those in the taxi and those in the taxi, etc., and there is no other evidence to acknowledge performance.
Therefore, the above facts charged constitute a case where there is no proof of crime, and thus, the court acquitted the defendant pursuant to the latter part of Article 325