A. The content of the text messages written in the facts charged of this case is merely a statement of fact or an explanation of fact, and does not constitute an insult that assumes abstract judgment or an expression of sacrific sentiment, and there is no intent of insult and there is no performance.

Even if it falls under insult, it is merely a part of insulting expressions in the process of emphasizing that the defendant's own judgment and opinion are reasonable, and thus, illegality is excluded by Article 20 of the Criminal Code.

B. The punishment sentenced by the lower court (2 million won) is too unreasonable.

2. Determination

A. As to the Defendant’s assertion of misunderstanding of facts and misapprehension of the legal doctrine, the lower court rejected the Defendant’s assertion on the grounds that the Defendant’s text messages sent by the Defendant constituted insult, meeting performance, and not constituting a justifiable act, in light of the circumstances as indicated in its reasoning based on the evidence adopted by the lower court.

Examining the reasoning of the judgment of the court below closely with the record, the above judgment of the court below is just and acceptable (in particular, G received text messages from the defendant was merely a fact that the defendant became aware of the business prior to about three months prior to the instant case and the defendant used the expression "ugly" as to the appearance of a female victim). There is no error of law by mistake or misunderstanding the facts alleged by the defendant in the judgment of the court below.

B. The lower court’s determination of sentencing is within the reasonable scope of discretion, in full view of the following factors: (a) the number of factors (such as the level of expression; (b) the background of the crime including the level of expression; (c) the first offense; and (d) the primary offense; and (c) the fact relevance itself is visible and contradictory to the victim); and (d) the applicable sentences.