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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 8,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The sentence of the lower court (the imprisonment of six months and forty hours and the order to complete a child abuse treatment program) on the summary of the grounds for appeal is too unreasonable.
2. We examine ex officio the insult of the facts charged in the instant case prior to the judgment on the grounds of appeal by the Defendant’s ex officio judgment.
A. Of the facts charged in the instant case, the Defendant: (a) around 20:29 on June 13, 2016, on the ground that the Defendant: (b) reported the Defendant’s wife in the Seo-gu Incheon Seo-gu Incheon Apartment Complex D by E- 112; and (c) prevented the Defendant’s Defendant’s wife E and A-B from committing the above acts; (d) on the ground that the Defendant’s wife G was dispatched to the site on the ground that the Defendant was the Defendant’s wife E and A-B was obstructed; (e) whether the Defendant was raising to the Defendant’s wife “;
The victim openly insultingd the victim by citing the phrase “welves, Chewing, sludge,” etc.
B. Determination 1) In the crime of insult, “public performance” refers to a state in which many, unspecified or unspecified persons can be recognized. Thus, if there is a possibility that a certain fact about a certain person might be disseminated to an unspecified or unspecified person, it shall be deemed a lack of performance (see Supreme Court Decision 83Do49 delivered on April 10, 1984, etc.). According to the records of this case, the following facts are as follows: ① The place in which the defendant expressed a desire to a police officer G is located within the residence of the defendant and his family; ② In addition to the police officers dispatched, the defendant and his wife were not located outside of B (9 years old), ② E is a fact that the defendant's wife and her children did not want to stop the defendant's speech and behavior against him and her, and ③ it is a fact that the defendant reported to the police, who is a woman, and the defendant and her children, expressed his intention to punish him after the occurrence of this case.