The defendant shall be innocent.

1. The Defendant, as the principal father of the facts charged, is between the neighbor who resides in the same building as the victim B (the age of 36, the remaining).

모욕 1) 피고인은 2018. 1. 27. 22:00경 서울 동작구 C에 있는 자신이 거주하는 건물 앞에서 주차문제로 시비가 되어 피해자에게 “개놈의 새끼야. 범죄자 새끼야. 이 썅놈의 새끼. 전과자 새끼”라고 큰소리로 욕설을 하여 공연히 피해자를 모욕하였다. 2) 계속하여 피고인은 2018. 1. 30.경 위와 같은 장소에서 피해자에게 “개같은 놈의 새끼야. 집구석에서 쳐박혀 노는 새끼”라고 큰소리로 욕설을 하여 공연히 피해자를 모욕하였다.

B. On January 31, 2018, the Defendant’s defamation at the above location stated that the parents of the victim stated “victim” in the indictment, but as long as the parents were prosecuted by deeming that they were prior criminal records and 48 criminal facts as false representation, the “victim” appears to be a clerical error in the “parents of the victim”.

In the absence of a criminal record and a fact from a mental hospital, 2 persons, who are in the past, have injured the reputation of the victim by openly pointing out false facts by making 10 minutes of sound "the parents are 48 criminal records, and the kis from a mental hospital".

2. Determination

A. The Defendant’s assertion 1) was true that the Defendant insulting B on January 27, 2018 and January 30, 2018, respectively, but there was no person who heard around that time, and thus, the crime of insult is not established. 2) The Defendant did not make a statement of fact likely to impair B’s reputation on January 31, 2018, and there was no person who heard around that time, and therefore, the crime of defamation by false representation is not established.

B. As a result of the determination, the performance of the offense of insult 1 and defamation refers to the state in which many and unspecified persons can recognize it.