A. The Defendant, as stated in the lower judgment, posted comments on comments, etc. on the contents as indicated in the lower judgment, but the Defendant was merely aware of the victim’s Internet website. As such, the victim of the offense of insult was specified.

subsection (b) of this section.

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

2. Determination

A. 1) The crime of defamation and insult is not different in terms of the so-called external reputation, which is a social evaluation of a person’s value, as well as the protection of legal interests of a person’s reputation. The person who is the subject of reputation does not necessarily require a person to make a false statement only when he/she is required to be a specific person. Thus, in cases where the expression of false facts without a person’s name can be identified by comprehensively assessing the contents of the expression in light of the surrounding circumstances and comprehensively, it constitutes an offense of defamation against a specific person (see, e.g., Supreme Court Decision 2000Da50213, May 10, 200). The method of defamation and insult is possible for a long time in terms of comments on the Internet, and thus, it is difficult to find out that the person’s name was damaged, or whose name was indicated in light of the surrounding circumstances and the contents of the expression, and in principle, it is difficult to use the Internet news as well as the content of defamation or insult.