The defendant's appeal is dismissed.

1. Under the summary of the grounds for appeal (the factual error and the misapprehension of the legal principle), the lower court erred by either misapprehending facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

Even though the police's abuse of power of prosecution was forwarded to the absence of suspicion of insult and assault against the defendant, the prosecutor brought the prosecution of this case through the victim's investigation without additional investigation of the defendant. Since the defendant's right of defense has been infringed, the prosecutor's prosecution should be dismissed as it constitutes abuse of power of prosecution.

B. As to the insult, the Defendant admitted the admissibility of evidence with respect to the CD submitted by the complainants, and the above evidence is not the original of the recording file and is not a duplicate of the original, and thus, it is unlawful to use it as evidence for conviction in the absence of admissibility. 2) At the time of the instant performance case, the Defendant and the victim did not have any fact between the stairs of the building at the time of the instant performance, and the Defendant did not have any humping out the victim from the outside of the store, and the E and F, which were in a special relationship with the victim, cannot be recognized as having no possibility of spreading.

3 even if the performance of a political party act is recognized, since the victim first saw the defendant by telephone, found him as a defendant's store, and expressed his personal character and expressed his will, it can be viewed as an act that does not violate the social norms in light of the context and context thereof, and thus, the illegality is excluded in accordance with Article 20 of the Criminal Act.

C. The judgment of the court below which found the defendant guilty of this part of the facts charged without assaulting the victim is erroneous in the misapprehension of the legal principle.

2. Determination

A. As to the assertion of abuse of power of prosecution, the defense counsel on May 10, 2019.