The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is acknowledged in light of the place, time, circumstance, background, etc. where the Defendant engaged in abusive acts as stated in the facts charged, and the possibility of dissemination is recognized without the need to determine the possibility of dissemination. Even if public performance is not recognized, F at the site was in a hostile relationship with the victim, and was well aware of the motive of the Defendant’s demonstration, and had the intention of reputation.

In full view of the circumstances in which the Defendant and F were engaged in demonstration to inform the harm of religious organizations, the lower court acquitted the Defendant of the instant facts charged by misapprehending the legal doctrine, even though F was sufficiently likely to spread the Defendant’s remarks, such as the facts charged, to other persons.

2. Determination

가. 이 사건 공소사실의 요지 피고인은 2014. 6. 14. 08:46경 성남시 분당구 이매동에 있는 지하철 이매역 1번 출구 앞에서, 피고인이 C 교회에 관하여 1인 시위를 하고 있던 중 교인인 피해자 D이 피고인에게 소리를 지르지 말라고 요구를 하자 E, F 등 3, 4명이 있는 자리에서 피해자에게 “너 정관수술 했다며 너 좆대가리 짤랐냐 너 씨 없지 으하하하! 하나님이 그걸 왜 줬겠냐. 그걸 왜 짜르니 ”라고 말하며 공연히 피해자를 모욕하였다.

B. The lower court determined as follows, based on the evidence duly adopted and examined by the lower court, based on the following circumstances: (i) the Defendant was the members of the same religious organization (hereinafter referred to as “C church”) as the victim, and (ii) the Defendant and the victim of the above religious organization were the members of the above religious organization, and (iii) the Defendant and the members of the above religious organization were the members of the above religious organization for the purpose of collecting evidence in preparation for interference with the Defendant’s demonstration.