A. The key issue of the instant case is misunderstanding of facts (not guilty part) and the facts charged as to the insult can be recognized in full view of the victim and C’s statement, etc.

Nevertheless, the lower court concluded that there is no evidence proving this part of the facts charged by denying the credibility of the victim and C’s statement on the grounds of the Defendant’s assertion that the victim and C were excessively simple interpretation or without any basis.

The judgment of the court below which acquitted the insult is erroneous in the misconception of facts.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 400,000 won) is too uneasible and unfair.

2. Determination

A. 1) The lower court rendered a not guilty verdict against the Defendant on the ground that the instant facts charged by the prosecutor alone, based on the facts and circumstances stated in its reasoning, cannot be deemed as proven beyond reasonable doubt. 2) In light of the content of the first instance judgment and the evidence duly examined in the first instance court, there are extenuating circumstances to deem that the first instance judgment on the credibility of the statement made by the witness of the first instance was clearly erroneous, or that maintaining the first instance judgment on the credibility of the statement made by the witness of the first instance is clearly unfair considering the results of the first instance examination and the evidence duly examined in the first instance court, and in exceptional cases where it is deemed that the first instance judgment on the credibility of the statement made by the witness of the first instance is significantly unfair, the appellate court should not reverse the first instance judgment on the ground that the first instance judgment on the credibility of the statement made by the witness of the first instance differs from the appellate court’s judgment (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012).