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The defendant shall be innocent.
Reasons
1. On December 14, 2016, the Defendant, at around 23:00, openly insulting the victim by publicly insulting the victim with the statement of the police officer assigned to the police box of the branch police station, sent out after receiving 112 report while he/she was going to go to board the said taxi in front of the station located in Seongbuk-gu, Sungnam-si, Sungnam-si, as a passenger of the victim D (43 Do).
2. Determination
A. The public performance, which is the element of the crime of insult, refers to the state in which an unspecified person or a large number of people can be recognized, and even if one person expresses the fact, it lacks performance if there is no possibility of spreading it to an unspecified person or a large number of people (see Supreme Court Decision 2008Do2090, Apr. 24, 2008, etc.). B. In full view of the evidence duly adopted and examined by this court, the fact that the defendant made a statement against the victim at the time that he made a statement is recognized.
On the other hand, the following circumstances acknowledged as follows: ① At the time, the Defendant was punished against the victim without getting off the taxi due to the defect of the refusal to take passengers, and the police officer called out after receiving a report, and explained out of the taxi and out of the taxi and out of the police officer upon getting out of the taxi and getting out of the taxi; ② the police officer called out at the time when the Defendant was located in the position between the Defendant and the victim, and the victim was aware of the situation in which the victim was removed, and the Defendant did not hear any desire any more than 1 to 2 meters of the voice, and the voice size of the voice was too excessive.
(3) Comprehensively taking account of the testimony of the Defendant and the victim during the time, place, and the police officer's testimony, the dispute between the Defendant and the victim shall be observed from the beginning or the police officer shall take place.