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The judgment below
The part of innocence as to the insult shall be reversed.
Defendant shall be punished by a fine of 20,000 won.
Reasons
1. The lower court found the Defendant not guilty of each of the facts charged of defamation and insult, and the prosecutor appealed only the part not guilty of the insult, and did not appeal the part not guilty of defamation.
Therefore, since the part of the judgment below's acquittal was separated and finalized, the scope of the trial court's judgment is limited to the acquittal portion.
2. The summary of the grounds for appeal is consistently expressed by the Defendant that the victim had expressed his/her desire as described in this part of the facts charged from several persons, including the head of Dong, etc., and G is a position that no one can take the position of the Defendant or the victim in light of his/her status or position, and is credibility in the victim’s statement considering the emotional condition at the time of the Defendant and the victim’s emotional condition, situation, and dispute progress that occurred prior thereto.
However, the judgment of the court below which acquitted the above facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.
3. Determination
A. On September 20, 2012, the Defendant: (a) decided to consult with the victim on the defamation case on June 6, 2012 at an I restaurant near the D community service center located in the Dongjak-gu Seoul Metropolitan Government F on September 20, 2012; (b) the victim was late at the time of the commitment, and the head of the Dong and the head of the D team, along with the victim’s leader, told the victim that the victim “hn the same year of the R, K, and Dongjak-gu Office.”
Accordingly, the defendant openly insultingd the victim.
B. The lower court stated that evidence consistent with the facts charged exists in E’s investigative agency and this court’s statement and G’s statement in this court, and that, at the time and place indicated in the facts charged, the Defendant stated that “The Defendant spreads a question to J, K, and Dongjak-gu office” at the time and place indicated in the above facts charged. However, it is difficult to believe each of the E’s statements.