정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the Defendant’s writing on the comments (hereinafter “the comments of this case”) as indicated in the facts of the crime in the judgment below is for the public interest to inform the victim H (hereinafter “victim”) of the fact that he advertised his hospital as a sexual surgery and told patients or their family members of the fact that he caused a medical accident different from the fact, and it does not go against the social norms, but rather to criticize the victim and provide them with information. However, the court below erred by misapprehending the legal principles, thereby finding the Defendant guilty of an insulting offense against the Defendant.
2. The offense of insult as referred to in the crime of insult is an expression of an abstract judgment or a sacrific sentiment that could undermine the people’s social evaluation without a statement of fact, and any expression of opinion including an insulting expression is not all unlawful. However, in light of the following circumstances acknowledged by the evidence duly adopted by the court below, if the contents of the publication of this article, the insulting expression exceeds the level of emphasizing its own judgment and propriety and validity, taking into account as a whole, the proportion or level of the entire contents, etc., and there is a emphasis on the expression of insulting sentiment against the victim, it is unlawful in violation of social norms (see, e.g., Supreme Court Decisions 2005Do1453, Dec. 23, 2005; 2008Do1433, Jul. 10, 2008).