Residence

Reference domicile

On March 23, 2015, around 11:13, 2015, the Defendant was under investigation by the Criminal Team in the ○○ Police Station’s Criminal Team in charge of the investigation and separate investigation into the victim B, and was under investigation from the criminal charge of threatening the victim B on a separate basis. The Defendant publicly insulting the victim by stating, “this person must be sent to a mental hospital as the patient with mental illness.”

2. Determination

The public performance, which is the constituent element of the crime of insult, refers to the state in which many and unspecified persons can recognize it, and even if the facts are publicly known to one person, if there is a possibility of spreading it to many and unspecified persons, it satisfies the requirements of public performance, but if there is no possibility of spreading it differently, it is not the crime of insult.

According to the records of this case, the defendant's statement as stated in the facts charged of this case may be acknowledged among victims and police officers C, etc. within the office of the ○ Police Station. However, the defendant's above act is inside the police station office, and the defendant's act was committed to be investigated as a suspect against the suspicion that the defendant threatened the victim. The above statement was conducted in order to investigate a number of cases of complaint raised by the victim as a suspect. At the same time, the above statement was conducted only with D, E, F, G, and the victim, a police officer outside the head of the 00 police station investigation and the criminal2 team team leader. The above police officers have a duty to keep confidentiality as a public official engaged in investigation, and it is difficult to view that the defendant's statement is likely to be disseminated to unspecified or many people (see, e.g., Supreme Court Decision 2008Do2090, Apr. 24, 2008).

Therefore, since this part of the facts charged constitutes a case where there is no proof of crime, the defendant is acquitted pursuant to the latter part of Article 325 of the Criminal Procedure Act