A. The Defendant, misunderstanding the fact, “The Defendant has been dissiped with the victim.”

The judgment of the court below which found the defendant guilty of the offense of insult is erroneous by misunderstanding the facts and adversely affecting the conclusion of the judgment, although the court below did not say that "the defendant was "," as stated in the facts of the crime in the judgment of the court below.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. The following circumstances, which can be acknowledged by the evidence duly adopted and examined by the lower court and the first instance court as to the assertion of mistake of facts, i.e., the victim D consistently from the investigative agency to the court of the lower court, and consistently took the same bath as the criminal facts stated in the judgment of the lower court.

(2) The police officer G belonging to the Bupyeong-gu Police Station who was called to the site after receiving a report by the management office that the defendant satisfe a success at the time, directly listens to the defendant's desire to do so to the victim and arrests the defendant as a flagrant offender in the crime of insult, ③ the head of the management office office at the time, and E employees of the management office at the time were also able to take the victim's bath at the court of original judgment.

In full view of the testimony, it can be sufficiently recognized that the defendant expressed the victim's desire as stated in the facts constituting the crime in the judgment below.

Therefore, the judgment of the court below which found the defendant guilty of the offense of insult is just, and there is no error of law by misunderstanding the facts as alleged by the defendant, and thus the defendant and his defense counsel's assertion of mistake of the above facts is not accepted.

B. As to the wrongful assertion of sentencing, the Defendant’s abusive language to the victim who is not good in the ordinary sense while hearing a large number of people, and the crime is denied by the Defendant up to the trial. However, the same is the same.