At around 20:00 on November 8, 2018, the Defendant attended the meeting room of the first floor underground of the building of the Geumcheon-gu Seoul Metropolitan Government apartment management office and asked the victim C, a representative of the occupants, at the time of the meeting, whether the statement of the representative present at the meeting is suitable for the agenda of the meeting. In the process of asking whether the victim C, a representative of the occupants, was a member of the meeting, the Defendant publicly insultingly insulting the victim by making the victim as “a person other than a member of the Dong, the audience, and the management office 40 employees.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and D;

1. Statement to C by the police;

1. The Defendant and the defense counsel asserts that the Defendant’s remarks do not constitute insult against the victim, or do not violate the social rules in light of the circumstances at the time of the speech.

In the crime of insult, insult refers to the expression of an abstract judgment or satisfic sentiment that may undermine people's social evaluation without indicating any fact.

According to each of the above evidence duly adopted and examined by this court, the defendant is acknowledged to have made a statement to the victim "the same difficulty," and in light of the circumstances, purpose, overall context, contents, etc. of the statement, rather than merely made a statement to the victim that it is identical to the situation at the time, it constitutes insult by expressing the victim's abstract judgment that could objectively undermine the social evaluation of the value of personality, and the victim's intention to insult or insult is recognized.

In addition, to be recognized as an act that does not violate social norms in accordance with Article 20 of the Criminal Code, the legitimacy of the motive or purpose of the act, the reasonableness of the means or method of the act, the balance between the protected interest and the infringed interest, urgency, and other means except the act.