A. The external reputation, which is an assessment of the value of a person who intends to protect by punishing a crime of defamation or insult, is an individual legal interest and is not the subject of fundamental rights, but the State or a local government, which is the exercise of public authority, who has the responsibility and duty to protect or realize the fundamental rights of the people. Matters related to the decision-making or performance of such duties are always subject to broad surveillance and criticism of the people. Such surveillance and criticism can be performed normally only when the freedom of expression is sufficiently guaranteed. Thus, the State or a local government cannot be the subject of external reputation protected by means of means of punishment in relation to the people. Accordingly, the State or a local government cannot be the victim of defamation or insult.

B. For the reasons indicated in its reasoning, the lower court determined that the Defendant, by posting a false content or inserting a huplicous expression against the E group with intent to defame the E group on the website of the Korea Military Office, damaged and insulting the honor of the E group, and upheld the first instance judgment that found the Defendant guilty of both the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) and insult of the E group among the instant facts charged.

However, in light of the legal principles as seen earlier, the lower court erred by misapprehending the legal principles as to the defamation and insult, and thereby adversely affecting the conclusion of the judgment, on the erroneous premise that E is not a victim of defamation or insult, but a local government may also become a victim of such defamation or insult.

2. G. G.