(a) Although the victim made a misunderstanding of facts, there is no expression by large sound;

However, the lower court erred by misapprehending the fact that the lower court found the Defendant guilty of the instant facts charged, thereby adversely affecting the conclusion of the judgment.

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

2. Determination

A. Comprehensively taking account of the following circumstances revealed by the evidence duly adopted and examined by the lower court at the lower court, the fact that the Defendant publicly insultingd the victim by referring to the victim’s “fluent year and weather year” in a cafeteria with a large number of people.

(1) It is doubtful that the probative value or credibility of a confession of a defendant in the investigative agency and the court of first instance is doubtful solely on the grounds that the confession in the court of appeal differs from the statement in the court of appeal.

In determining the credibility of confessions, the credibility of confessions should be determined in consideration of whether the contents of confessions are objectively reasonable, what is the motive or reason of confessions, what is the motive or reason of confessions, what is the circumstance leading up to confessions, and whether there is no conflict or inconsistency with confessions among other evidence than confessions (see Supreme Court Decision 2010Do2556, Apr. 29, 2010). The defendant confessions all the facts charged in the instant case at an investigative agency and the court below, and there is no circumstance to suspect the credibility of confessions.

(2) At the time that the injured party was aware of the victim's children;

As the defendant raised the words and demands the apology, the defendant also made the victim take a bath.

③ The victim, in the police, was the president and the employee of the Defendant’s desire, and there were many other customers in the restaurant.

“The cafeteria stated,” and the cafeteria employee called the police.