모욕
The defendant shall be innocent.
1. On June 2, 2015, the Defendant, at around 17:50, who was under the investigation of the victim C due to the delayed payment of wages at the office B of the employment branch office affiliated with the Ministry of Labor, which is located in Guro-gu Seoul, Guro-gu, Seoul, on the ground that the victim would make a false statement in the case of overdue payment of wages at the office B of the employment branch office affiliated with the victim, the Defendant publicly insulting the victim by stating that “the victim is the same as the opening.”
2. Determination
A. Public performance, which is the element of the crime of defamation, refers to the state in which an unspecified person or a large number of people can be recognized, and even if a fact is indicated on an individual person, if there is a possibility of spreading it to an unspecified person or an unspecified person, it shall meet the requirements of performance, but if there is no possibility of spreading it otherwise, it shall be deemed a lack of performance. The same applies to the crime of insult (see, e.g., Supreme Court Decisions 2008Do2090, Apr. 24, 2008; 2014Do7286, Sept. 10, 2015).
In light of the following circumstances acknowledged by the record, the evidence submitted by the prosecutor alone that existed at the time
It is difficult to readily conclude and otherwise there is no evidence to acknowledge it.
① On June 2, 2015, around 17:50 on June 2, 2015, the Defendant was an employee who was employed for the delayed payment of wages at the employment branch office of the Labor Ministry of Labor in Guro-gu, Seoul, as the case of delayed payment of wages.
(2) The details of insults according to the facts charged prior to the alteration are as follows.
As a hearing, a short-term motor vehicle can be changed.
However, unlike the insult under the facts charged prior to the alteration, the Defendant “I am flick flick flick flick flick flick flick flick flick flick flick flick flick flick flick flick flick f
(v) I ambi I ambi I ambi.