모욕
The Defendants are not guilty. The summary of the judgment of innocence against the Defendants is published.
1. On November 17, 2015, the Defendants reported that the Defendants were engaged in illegal business in the instant singing room at the expense of the said singing room operator, which had been prior to the “D’s singing room” located in Young-gu, Young-gu.
Therefore, after confirming whether the E District of the Cheongju Police Station E District was illegal by the victim who was dispatched to the site, the Defendants were informed of the fact to the reported person and the reported person, and attempted to operate the patrol vehicle.
이에 위 노래방 업주 H 등이 지켜보는 가운데 피고인 B은 순찰차량 앞을 가로막고 피해자들에게 “ 뭘 확인 해봐 니들이 개새끼들 아, 쓰레기 구만, 개새끼들, 장난하냐,
The defendant A expressed his desire to “Is Ha,” and the victim expressed his desire to “Is mee, Is mee,” “Is mee.”
As a result, the Defendants conspired to insult victims openly.
2. Determination
A. Public performance in the crime of defamation or insult refers to a state in which many and unspecified persons can be recognized. Thus, if there is a possibility that certain facts about a certain person might be disseminated to an unspecified or unspecified person, even if they talk about such facts, it shall be deemed that the public performance is lacking if it satisfies the requirements of performance (Supreme Court Decision 83Do49 delivered on April 10, 1984). (B) According to the record, the Defendants were able to take a bath against the victims, such as the date, time, time, place, etc. recorded in the above facts charged, but at that time, they were only victims, and the rest of the victims and other persons, including singing, were deemed to have never existed at that time. Thus, the Defendants were able to take such bath as described in the above facts charged.
Even if there is performance;
It is difficult to see, and there is no other evidence to acknowledge it.
3. Accordingly, the facts charged against the Defendants are examined.