The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal that the court below rendered on the defendant is too unhued and unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the ex officio judgment prosecutor.

이 사건 공소사실 중 모욕의 점의 요지는, 피고인은 2014. 1. 2. 22:40경 부산 부산진구 B에 있는 "D"라는 음식점에서 신고를 받고 출동한 피해자 부산진경찰서 소속 경찰관 E가 피고인을 진정시키며 귀가를 종용하자 손님 F 등이 있는 자리에서 피해자에게 "니가 뭔데 들어가라 마라. 지랄하냐. 개자슥아. 영장 가지고 온나. 씨발 개자식아. 한번 해볼까."라고 공연히 피해자를 모욕하였다는 것이다.

In light of the fact that, as a crime falling under Article 311 of the Criminal Act, the victim’s accusation may be brought under Article 312(1) of the Criminal Act, and according to the written agreement signed on June 8, 2014, which was bound in the public trial records, the complainant voluntarily withdraws his/her wish to punish the defendant on June 9, 2014, which is the date of the prosecution of this case, and thus, this part of the indictment should be dismissed pursuant to Article 327(5) of the Criminal Procedure Act.

Nevertheless, the lower court erred by misapprehending the legal doctrine and adversely affected the conclusion of the judgment, as it found the Defendant guilty of this part of the facts charged.

B. As the scope of reversal and the remaining criminal facts constitute concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below shall be reversed ex officio in its entirety.

3. Accordingly, the judgment of the court below is in entirety based on Article 364 (2) of the Criminal Procedure Act, without examining the prosecutor's allegation of unfair sentencing, on the grounds of ex officio reversal.