모욕
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 700,000.
The defendant does not pay the above fine.
1. Summary of grounds for appeal;
A. Fact misunderstanding 1) Although the Defendant used the expression “Cals”, it was merely an indecent expression indicating the Defendant’s complaint or fluorial sentiment, which is the speaker, and did not make any speech or behavior directly specifying the victim as stated in the indictment, which could undermine the social assessment of his personal values.
2) The Defendant’s remarks after being arrested of the victimized person in the act of committing an offense constitutes a justifiable defense or legitimate act, which constitutes a claim to escape from an unjust infringement of the victim’s body due to an illegal arrest.
3) The Defendant used insulting speech to the victim
Even if there were no victims and police officers at the time of the instant case, public performance is not recognized in relation to the offense of insult.
B. Sentencing is unfair because it is too unreasonable that the sentence (700,000 won) imposed by the lower court is too unreasonable for the defendant to be sentenced.
2. Ex officio determination