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The defendant shall be innocent.
Reasons
1. On October 23, 2016, the Defendant: (a) around 23:00 on the facts charged to E, who drinks alcoholic beverages together with the victim D, E, and F and sits on the side of the Defendant’s person, at around 23:0 on the same day; (b) on October 23, 2016, “D and F are hick and hick.
The year is 10 years old and cannot be returned.
C. The year is the same as the year of C.S. and the year.
The victim publicly insultingd the victim by referring to “Balra”.
2. The offense of insult is established when a person is insulting, and the “patently insulting” refers to the fact that an unspecified or many people could recognize that the offense of insult was committed.
On the other hand, insult referred to in the crime of insult refers to the expression of abstract judgment or sacrific sentiment that may undermine people's social evaluation without mentioning facts.
The above expression of an abstract judgment or an sacrific appraisal is likely to be disseminated to an unspecified or unspecified person from one person in the nature of the expression, unlike the case where the fact is indicated.
It is difficult to see it.
Therefore, barring any special circumstance, if a person who is a specific minority is committed in a situation recognizable by a specific minority, barring any special circumstance, the “patent” cannot be deemed to have insulting a person.
According to the records, the Defendant is recognized to have expressed a desire to the victim only to E, a person who is a son together with the drinking place (including the witness D and F’s testimony, but the facts charged in this case also are organized as limited to Defendant E). On the other hand, the Defendant’s insult against the victim only to a specific one person, and does not constitute a case of insult “patent”, and thus, the Defendant does not constitute a crime of insult.
Therefore, the facts charged in this case constitute a case where there is no proof of crime, and thus, a judgment of innocence is rendered after Article 325 of the Criminal Procedure Act.