beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds of appeal is that the expression of this case constitutes an expression likely to undermine the social evaluation of the victim, and as long as the defendant posted it despite its recognition, the intent of insult is recognized, and the judgment of the court below acquitted the facts charged of this case on the ground that the defendant is not guilty of insult, thereby adversely affecting the conclusion of the judgment by misunderstanding the facts.
2. Determination
A. The summary of the facts charged and the summary of the facts charged in the instant case’s judgment are as follows: (a) from around 20:00 on May 8, 2015 to around 22:00 on, and up to 22:00, the Defendant posted and posted a leaflet containing text messages referring the victim D to “hea” in the apartment elevator, thereby openly insulting the victim by allowing many and unspecified occupants to view it.
The court below found the Defendant not guilty on the ground that there was a criminal intent of insult against the complainant, solely on the basis that the content of the text message that the Defendant sent to the complainant was distorted and distorted by the complainants, and that the Defendant received resistance from the occupants on the wind of posting the notice, and the Defendant appears to have disclosed the entire text message given and received between the complainants in order to clarify that the Defendant did not make such remarks to the complainants as stated in the above text message. However, the court below found the Defendant not guilty on the ground that there was no other evidence to acknowledge it.
B. According to the evidence submitted by the prosecutor, the fact that the Defendant posted a leaflet containing text messages that referred the victim as “atod” (hereinafter “the former part of this case”) as stated in the facts charged is recognized, and it is apparent that such expressions are insulting expressions that undermine the social evaluation of the victim.
Furthermore, as pointed out by the prosecutor, the above expressions are expressed by the defendant.