However, such expressions do not violate social norms by using some indecent expressions included in Internet comments that criticize victim's political behavior. On different premise, the court below found the Defendant guilty of the facts charged in this case, which erred by misapprehending the legal principles on the elements of a crime of insult or a legitimate act, which affected the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in this case is as follows.

On May 24, 2018, the Defendant: (a) reported the victim H-related I Internet news articles posted as “G” at the Defendant’s residence located in the Dong-gu E and Fho Lake-gu, Young-gu; (b) made a statement that “D” and “C” online portal site B, and posted a statement to make it possible for other Internet users to view the victim.

B. The Defendant also asserted in the lower court as the grounds for appeal, but the lower court rejected the Defendant’s allegation on the following grounds, recognizing the Defendant guilty of the facts charged in the instant case.

1) Of the above comments, the phrase “psychical book,” “a extreme suspicion,” and “a self-political body,” constitutes an insulting speech that may undermine the social assessment of the victim. 2) In addition, even in cases where a certain article contains such insulting expressions, the motive, circumstance, background, and background behind posting the article, the overall purport of the writing, specific method of expression, the logical and objective of the premise of the facts, the logical and objective validity of the premise, and the insulting expressions thereof.