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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 300,000.
The above fine shall not be paid by the defendant.
Reasons
1. In spite of the fact-finding and misapprehension of legal principles, the court below found the defendant guilty of the facts charged of this case in spite of the absence of "public performance" in relation to the crime of this case. The court below erred by misapprehending facts or by misapprehending legal principles, which affected the conclusion of the judgment.
2. Determination
A. According to the evidence duly adopted and examined by the court below prior to the judgment on the grounds for appeal by the defendant ex officio, prior to the judgment on the grounds for appeal by the defendant's ex officio, it can be recognized that the defendant was sentenced to a suspended sentence of six months to a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents at the Seoul Southern District Court on July 8, 2014 and the judgment became final and conclusive on March 11, 2015. As such, the crime for which the judgment became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the crime of this case are determined after examining whether to reduce or exempt punishment by taking into account the case at the same time and equity under Article 39(1) of the Criminal Act, so the judgment below
However, the defendant's assertion of misunderstanding of facts and misapprehension of legal principles is still subject to the judgment of this court, and this is examined.
B. In the crime of insult of a mistake of facts and misapprehension of legal principles, the term “public performance” refers to the state in which an unspecified or many people can recognize. According to the evidence duly adopted and investigated by the court below, the place in which the defendant obscing the victim’s abusive speech is near the Guro Digital Group area, which is a subway station, and the place in which many and unspecified people pass through, and the defendant’s abusive speech can be recognized as the place in which many and unspecified people pass, and at the same time, the defendant’s abusive speech is recognized. Thus, the performance of the insult
Therefore, the court below's decision of conviction is just and there is a defendant.