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The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence submitted by the Prosecutor, the gist of the grounds for appeal (misunderstanding of the facts) can be sufficiently recognized that the Defendant insultd the victim as stated in the facts charged.
Nevertheless, the judgment of the court below which acquitted the defendant of the facts charged on the ground that there was no proof of the facts charged.
2. Determination
A. On May 13, 2017, the Defendant: (a) on May 12:20, 2017, at the mutually named “D’s “D” restaurant operated by the Defendant in Gunsan-si; (b) F, along with the victim E, was working and going into the said restaurant room; and (c) on the part of other customers, the Defendant was not required to request and obtain permission prior to entering the restaurant; and (d) whether the Defendant was not required to request and obtain permission from the victim before entering the restaurant;
Does other customers be boomed;
As it is possible to move to people, the victim was treated as a patient of a contagious disease and the victim was openly insulting.
B. The lower court determined that the lower court erred by misapprehending the Defendant’s statement, or misunderstanding the Defendant’s statement to the effect that “the victim’s children and other family members, including the victim’s children, etc., who had been in the restaurant operated by the Defendant together with the victim, want to use two sides in the room including the upper platform,” which was lawfully admitted and investigated as follows, or that “the victim’s family members, etc., including the victim’s children, who were in the restaurant operated by the Defendant, want to use the two sides, including the upper platform, should be taken off, because the seat in the room is in a pre-contracted, and the seat in the room should be taken off,” or that “F shall be taken off, because the Defendant’s obsing and insulting the Defendant, while obsing the Defendant and SNS, it appears that the Defendant made a statement as if the Defendant insulting the victim, and then exaggeration the situation at the latest, and all evidence presented by the prosecutor, including H, I, and G’s statutory statements.