A. In fact-misunderstanding or legal principles (1) In the Defendant’s statement, the expression “I ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker.”

shall not be deemed to exist.

(2) At the time of the instant case, there was no other person except the victim, thereby insulting the victim.

subsection (b) of this section.

(3) Considering various circumstances, Defendant’s act constitutes “political act” that does not contravene social norms.

B. The punishment sentenced by the lower court (the penalty amount of KRW 400,000) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts or misapprehension of the legal doctrine, the offense of insult under Article 311 of the Criminal Act is a crime that legally protects an external reputation, which means a social evaluation of the value of a person, and the offense of insult under Article 311 of the Criminal Act refers to the expression of an abstract judgment or sacrific sentiment, which does not reveal any fact, that may undermine the social evaluation of a person (see, e.g., Supreme Court Decision 2015Do229, Sept. 10, 2015). They return to the instant case and health team. The following circumstances revealed by the evidence duly adopted and examined by the lower court, namely, ① the Defendant’s statement that “I see four parents who are in the custody,” and ultimately, the Defendant’s statement that “I see the victim’s speech or character by inducing the victim’s parents,” and “I am well living together with the aforementioned facts charged,” and “I am me at the time of the victim’s appearance.”

“ directly......”