The defendant shall be innocent.

1. Around March 23, 2015, the Defendant publicly insultingd the victim by stating that “A person shall be sent to a mental hospital with mental illness,” while being subject to investigation by a criminal team in the Yangju Police Station and by a separate charge of threatening the victim C due to this case and separate case within the office of the Yangju Police Station.”

2. The public performance, which is the constituent element of the offense of insult, refers to the state in which many and unspecified persons can recognize it, and even if one person explicitly expresses the fact, if there is a possibility of spreading it to many and unspecified persons, the requirement of public performance is satisfied, but if there is no possibility of spreading it differently, the crime of insult is not established.

According to the records of this case, the defendant's statement as stated in the facts charged of this case may be acknowledged in the office of Yangju Police Station, among victims and police officers D, etc., but the defendant's statement is inside the police station office where the above act was committed by the defendant, and the defendant committed the above act was intended 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. At the same time, the defendant was only E, F, G, H, and the victim, a police officer outside the head of the Yangju Police Station and the head of the two criminal investigation team at the time. 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 many unspecified or unspecified persons (see, e.g., Supreme Court Decision 2008Do2090, Apr. 24, 2008).