A. The Defendant did not have made such a statement as stated in the facts charged in the instant case, and even if the Defendant made such a statement, it merely expressed the Defendant’s intent to have the victim receive unfair treatment, and cannot be seen as an insult. The lower court found the Defendant guilty of the facts charged in the instant case and erred by misapprehending the legal doctrine or misapprehending the legal doctrine.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (700,000 won of a fine) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts and misapprehension of legal principles, the defendant can be acknowledged that the defendant made a statement to the victim and his/her neighbors as described in the facts charged of this case. In light of the fact that the term “quality” includes the meaning of a person’s behavior in the word “entertainment” that the defendant made several times, the relationship between the defendant and the victim, and the situation before and after the defendant made the above statement, it is reasonable to deem that the above statement by the defendant constitutes insult because it expresses an abstract judgment or safic sentiment that may undermine the people’s social evaluation.

Therefore, this part of the defendant's argument is without merit.

B. Although the Defendant appears to have made the aforementioned remarks contingent on the assertion of unfair sentencing, there are some circumstances to take account of the circumstances leading up to the instant crime, the victim cannot be deemed to have suffered a patent criticism in connection with his/her personal privacy, and the victim’s mental harm cannot be deemed to have been small; the Defendant did not agree with the victim; the Defendant is subject to criminal punishment for the same type of crime; the Defendant’s age, character and conduct, the background and contents leading up to the instant crime; and the circumstances after the instant crime, etc., of sentencing indicated in the record.