The defendant shall be innocent.

1. 공소사실의 요지 피고인은 2013. 12. 17. 00:31경 수원시 장안구 C, A동 902호 자신의 주거지에서 인터넷 네이버의 D 카페에 아이디 ‘E(F)’를 사용하는 G이 “★★★대박 예쁘고 사랑스럽기까지..!!!! 소코티쉬폴드 아가들 분양함니다★★★”라는 제목으로 올린 글에 피고인의 인적사항으로 회원 가입한 아이디 ‘H(I)’을 사용하여 “정신병자 병신 같은 년, E 찔리셧나보닥 ㅋㅋ, E 주어가 없엇 고소는 안될거에요^^, E 열심히 신고해 보세요~~우리존재 파이팅!!”라는 내용의 댓글을 작성하여 공연히 G을 모욕하였다.

2. The Defendant asserts that the offense of insult is not established since the victim was not specified at the time of the act.

3. The protected legal interest of the offense of insulting the relevant legal doctrine is the so-called external reputation, which is a social evaluation of the human value, and the person who is the subject of honor does not necessarily have to express his/her name to express his/her name. Thus, in cases of expressive act without specifying a person’s name, if it is possible to determine the contents of such expression in light of the surrounding circumstances and the overall determination of which person is a specific person, the offense of

(2) In light of the above legal principles, the Defendant cannot be deemed to have committed the offense of insult against a specific person, since it is difficult to find out who is the victim’s Internet ID or who is the victim’s Internet ID or who is the victim of the offense of insult, in a case where it is difficult to find out who is the victim of the victim’s Internet ID or who is the victim of the victim’s Internet ID or any other surrounding circumstances and there is no other evidence to detect it. Thus, the Defendant cannot be deemed to have been identified as the victim of the offense of insult, which is the legal interest protected by the law of external reputation.

(See Constitutional Court en banc Order 2007Hun-Ma461, Jun. 26, 2008). 4. According to the evidence submitted by the Prosecutor, the determination is based on the evidence submitted by the Prosecutor.