The defendant shall be innocent.

1. On June 12, 2016, the Defendant: (a) around 16:30 on June 12, 2016, the Defendant heard that the victim E (the age of 46) who driven a Category C high-ranking vehicle while driving a D car on the new Twit-distance road located in the Newbuk-dong in Gwangju Northern-gu, Gwangju, turn on the vehicle height and sound the light.

이에 피고인은 운전석 유리창을 내리고 차량 앞뒤에서 신호대기 중인 여러 명의 운전자들이 듣고 있는 가운데 신호대기 중인 피해자에게 ‘내려 봐 이 새끼야, 씨발아 라이트 켜고 빵빵거리고 지랄이야, 왜 라이트 켜고 빵빵거리고 지랄이냐고’고 큰소리로 말하여 공연히 피해자를 모욕하였다.

2. Determination

(a) “Public performance” in the crime of insult means a state in which many and unspecified persons can recognize it;

Therefore, if there is a possibility that a certain fact about a particular person can be disseminated to an unspecified or many unspecified persons, it shall be deemed to lack performance, even if there is no possibility to spread it differently.

(See Supreme Court Decision 83Do49 delivered on April 10, 1984, etc.). B.

In light of the following circumstances acknowledged by the record, the evidence submitted by the prosecutor alone cannot be deemed as having been proven beyond a reasonable doubt that an unspecified or multiple number of people could recognize the Defendant’s desire.

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 pursuant to the latter part of Article 325 of the Criminal Procedure Act, and the defendant does not consent to the pronouncement of a judgment of innocence, and thus, a public announcement of judgment of innocence is not ordered

According to the video recording of the 1st victim vehicle, the voice of the defendant was clearly opened to the victim. The vehicle is adjacent to the victim.