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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The “public performance”, which is the constituent element of the offense of insult, refers to a state in which many and unspecified persons can be recognized, and even if a fact was disseminated to one person individually, if there is no possibility of spreading it to the unspecified or many unspecified persons, the distribution of facts to a specific person is held public performance. Even if the Defendant expressed an insulting speech at the criminal charge and office of the Yongsan Police Station where two civil petitioners and police officers are located, so long as there is little possibility of spreading it to many and unspecified persons, the Defendant cannot be deemed to have satisfied the requirement of “public performance” which is the constituent element of the offense of insult. In addition, the Defendant cannot be deemed to have expressed spits on a random basis as his intent of destroying the social status of police officers. Thus, the Defendant cannot be recognized as the intent of the offense of insult.
The punishment (one million won of fine) imposed by the court below on the defendant is too unreasonable.
Judgment
1) Determination of misunderstanding of facts or misapprehension of legal principles as to the first argument of the first argument refers to the state in which many, unspecified or unspecified persons can be recognized in the crime of insult under Article 311 of the Criminal Act, and even if one person has distributed facts individually, if there is a possibility that the facts might be disseminated to an unspecified or unspecified person, it satisfies the requirements for performance (see, e.g., Supreme Court Decision 2010Do2877, Oct. 28, 2010). According to the evidence duly adopted and investigated by the lower court, the fact that the DNA arrested at the time of the Defendant’s desire to pay a fine at around 23:00 on September 14, 2012 in the Yongsan Police Station and in the atmosphere of the same criminal and air room can be recognized that the said D, which was arrested on the ground of the failure to pay a fine, has come to the F.
Since the defendant does not have a specially-friendly relationship, the above.