모욕
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (the factual errors and misapprehension of legal principles) constitutes a crime of insult, taking into account the circumstances at which the Defendant made a statement, the relationship of the participants, and the meaning of the context of the Defendant’s statement, the lower court erred by misapprehending the legal doctrine and thereby acquitted the Defendant.
2. In full view of the facts and circumstances as indicated in its holding, the lower court determined that it is difficult to view that the Defendant’s remarks could undermine the social assessment of the victim’s personal value, or that the Defendant had an intent to commit such a crime without reasonable doubt, and that there is no other evidence to acknowledge it otherwise.
In light of the records, a thorough examination of the judgment of the court below is just, and the prosecutor's assertion as to it is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.