All appeals by the Defendants are dismissed.

All the defendants are jointly and severally liable for the costs of the original judgment and the trial.

1. In light of the summary of the grounds of appeal (misunderstanding of facts) as follows, the lower court erred by misapprehending the facts and thereby finding the Defendants guilty, even though the Defendants did not engage in the act identical to the facts charged in the instant case.

A. Regarding the insult of the Defendants, the Defendants did not insult the victim by taking a bath as shown in the facts charged in the instant case.

In addition, there was no performance in the Defendants' actions.

B. With respect to the damage of Defendant B’s property, the Handphone of the victim was destroyed in the process of taking the handphone by the victim, not destroyed by Defendant B.

2. Determination

A. First, we examine the Defendants’ insult.

1) The crime of insult is established by openly expressing an abstract judgment or a sacrific sentiment that may undermine the external reputation of the victim. Thus, the external reputation of the victim is not practically infringed or the risk of infringement is specific and realistic (see Supreme Court Decision 2016Do9674, Oct. 13, 2016). Here, the term “public performance” means a state in which many and unspecified persons can be identified (see Supreme Court Decision 2009Do12064, Feb. 11, 2010). 2) In full view of the following circumstances, the evidence duly adopted and investigated by the court below, in particular, the victim, F, and H’s statements and the images of Cd (Evidence 50) (Evidence 50), and the facts that the defendants could sufficiently recognize the victim’s desire as the facts charged in the instant case and the residents and the desire of the Defendants.

【The Defendants agreed to use the said CD as evidence for the first time in the trial.

However, the declaration of consent to the evidence stipulated in Article 318 of the Criminal Procedure Act may be cancelled or withdrawn before the examination of evidence is completed.