A. Although the Defendant, by misunderstanding the facts or misunderstanding the legal principles, posted comments on the same content as the facts charged, this constitutes a justifiable act under Article 20 of the Criminal Act and thus, the illegality is excluded.

B. The punishment sentenced by the lower court (the penalty amount of KRW 500,000) is too unreasonable.

2. Determination

A. Although it is necessary to widely allow the filing of a matter of public concern of public concern of the determination of facts or misapprehension of legal principles, the method of expression must be chosen on the basis of respecting the personality of the other party, and any criticism is required, even if it is based on specific circumstances, it is necessary to ensure that the filing of a matter of public concern of public concern of the determination of facts or misapprehension of legal principles should be widely permitted, without supporting the specific circumstances.

Even if a person’s personal attack is caused by an ambiguous expression, it is impossible to establish a legitimate act (see Supreme Court Decision 2006Do4408, Apr. 24, 2008). If the defendant, who is aware of by the evidence duly adopted and investigated by the court below, takes into account the background leading up to entering the comments of this case, the specific contents and degree of the comments of the comments, the defendant’s act is considerably off from the purpose of the criticism or the paragraph, and is in favor of the victim as a human being without justifiable grounds, and the above act satisfies the requirements of a legitimate act, such as the reasonableness of means or method, urgency, and supplement.

subsection (b) of this section.

Therefore, the defendant's mistake of facts or misapprehension of legal principles is without merit.

B. In light of the fact that the Defendant did not agree with the victim until the judgment of the court below was rendered, there is no special change in circumstances that could change the sentence of the court below after the sentence of the court below, and other conditions of sentencing as shown in the records and arguments, such as the character, conduct and environment of the Defendant, the court below’s sentence is to be imposed.