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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The expression of misunderstanding of facts does not constitute an insulting speech to the extent that the social evaluation of the value of a human being could be undermined, and the public performance is not recognized, and the Defendant was merely a mixed-level language and did not speak to B, so there was no intention to insult B.
B. The instant complaint by misapprehending the legal principles is an unlawful complaint with the lapse of the period for filing a complaint in an offense subject to victim’s complaint.
The acts of defendants constitute justifiable acts under Article 20 of the Criminal Act.
2. The insult as referred to in the crime of insult of a mistake of fact-finding is an expression of an abstract judgment or satisfic sentiment that could undermine people’s social evaluation without mentioning the facts.
(See Supreme Court Decision 2003Do3972 Decided November 28, 2003, etc.) In addition, “public performance” in the crime of insult refers to a state in which many unspecified or unspecified persons can be recognized as having the same effect as a public performance in the crime of defamation.
(See Supreme Court Decision 2018Do4200 Decided June 15, 2018 (see, e.g., Supreme Court Decision 2018Do4200, Jun. 15, 2018). In light of the aforementioned legal principles, the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, ① the Defendant’s statement that the Defendant’s statement “I ampon. I ampon. I do not normally ampon. I do not ampon. I do not ampon. I do not ampon.” The expression “I ampon. I do not am,” and ② the Defendant stated at an investigative agency that “I ampon the trial after attending the court and there was more than 5-6 persons including that I am on the charge of the victim’s defense counsel at the time of the instant case.” At the court of the lower court, the victim’s defense counsel was either 4-5 or more people waiting to the order of the lawsuit at the scene.”