Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

A. The Defendant’s act is a legitimate act within the scope of freedom of expression.

B. In light of the overall conditions of sentencing on the sentencing, the lower court’s sentence of KRW 2,00,000 (fine 2,000) is too unreasonable.

2. Determination on the grounds for appeal

A. The offense of insult as to the assertion of misapprehension of the legal doctrine does not state a fact, and expresses an abstract judgment or sacrific sentiment that could undermine a person’s social evaluation. Even in the case where an insulting expression is contained, in light of the motive, circumstance, and background behind posting the article, overall purport of the article, specific method of expression, logic and objective of the presumed fact, degree of such insulting expression in the whole article, and relation with the overall contents thereof, etc., on the premise that the article is objectively reasonable in terms of facts, and on the premise that it is objectively reasonable, his opinion about the relevant facts or surrounding issues, degree of the victim’s attitude taken and opinion are used in the process of emphasizing one’s own judgment and opinion, barring any special circumstances, it should be deemed unlawful as acts not violating social rules, but if it is merely a malicious expression partially insulting, it should be deemed that the act of expressing public interest should be widely accepted under Article 20 of the Criminal Act, and even if it is based on the other public figure’s personal character, it should not be permitted to be widely accepted without any specific awareness of the other’s personal character.