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Defendant
All A and prosecutor appeals are dismissed.
Reasons
1. Summary of grounds for appeal;
A. When Defendant A (Definite and misunderstanding of legal principles) expressed the desire for victims, the management office was not open to the occupants since it was closed on a Saturday. At the time, two employees of the management office are in close relation with the victims, who are under the direction and supervision of the victims, and can expect that they should not be inferred or written to others without permission. Thus, there is no possibility of dissemination, and there is no “public performance” necessary for the establishment of the offense of insult.
In addition, in light of the background, purpose, etc. of the Defendant’s bathing theory of this case, this constitutes a justifiable act that does not violate the social rules of Article 20 of the Criminal Act, and thus, illegality is excluded.
B. The prosecutor (misunderstanding of facts as to Defendant B) was guilty on the facts charged against Defendant B based on relevant evidence, but the court below acquitted the Defendant on the facts charged. The court below erred in the misunderstanding of facts.
2. Judgment on Defendant A’s assertion
A. The following circumstances acknowledged by the lower court and the evidence duly adopted and investigated by the trial court as to whether performance were performed, namely, (i) H and I merely have a relationship of work with the victims, who are executives of the E management office, as employees of the E management office; and (ii) have the authority to appoint and dismiss, direct, supervise, determine, and pay wages to the employees of the management office, including H and I, even if the victims have the authority to appoint and dismiss, direct, and pay the victims, such circumstance alone is a duty not to inform the victims of the fact that the Defendant expressed their desire to the victims.
It is difficult to view that there was a relationship that can naturally expect the absence of an external emission, and ③ whether there is a possibility of radio waves.