The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the victim stated in the investigative agency that he was a resident, E, H, and I, when the defendant takes a bath against the victim, and the witness E also stated that he was a dong resident in the vicinity at the time of committing the crime as stated in paragraph (2) of the facts charged. Even if the resident did not directly hear the defendant's desire, it was sufficiently recognizable. Therefore, the judgment of the court below that acquitted the defendant of the facts charged in this case by denying the performance, is erroneous in the misapprehension of legal principles, which affected the conclusion

2. Determination

A. At around 19:00 on May 1, 2012, the Defendant reported the warehouse newly built in the Defendant’s house to Kimcheon-si, the Defendant reported the fact that the victim D’s complaint was filed in the previous injury case to Kimcheon-si, the Defendant publicly insulting the victim by speaking “a year after reporting to the police station and drinking” at the same place where E, etc. is located, which is the head of the community, on the ground that there is no adequate appraisal of the previous injury. (2) around 11:40 on May 8, 2012, the Defendant sexually insultingd the victim on the ground that it was above, “a year in which the victim filed a report, singing years, singing years, and hings, and hings that are outside the law,” and for the foregoing reasons, at the same place, the Defendant publicly insultingd the victim.

B. In order to establish the offense of insult of a party’s judgment, “public performance” should be recognized. In the offense of insult, “public performance” refers to the state in which an unspecified or many people can recognize.

However, the following circumstances acknowledged by the evidence duly admitted and investigated by the court below, namely, ① the victim witness E at the time of committing the crime set forth in paragraph (1) of the facts charged by the police, and the above E at the time of committing the crime set forth in paragraph (2) of the facts charged.