The sentence of sentence against the defendant shall be suspended.

The defendant's expression was caused by the victim, and thereby, the social evaluation of the value of the victim's personal value was diminished.

subsection (b) of this section.

Although the Defendant’s act does not constitute the elements of the crime of insult or constitutes a justifiable act, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby convicted the Defendant of the facts charged.

2. Determination:

A. In the case of the assertion of misunderstanding of facts or misapprehension of the legal doctrine, the term “competence” has a strong negative meaning as “compet,” and the term “competence” to a single member would sufficiently undermine the social assessment of the value of a person’s personality.

In addition, even though the victim knew that it is different from the majority of the users of the site, there are circumstances that lead members including the defendant to take advantage of the government's defense.

Even if such act does not constitute a legitimate act, it cannot be said that the insulting comments, i.e., sexual impulses, constitute a political act.

B. We examine ex officio the sentencing of the defendant ex officio.

The defendant's insulting act was caused by the victim, and there are circumstances to consider the background of the crime.

The Defendant’s expression is simply a “finite impulse” and the degree of insult is not serious.

In addition, the original court's punishment against the defendant is unreasonable, taking into account the following factors: the defendant is the first offender, the age, character and environment of the defendant, the circumstances before and after the crime, and various sentencing conditions shown in the arguments.

In this respect, the judgment of the court below cannot be maintained.

3. Conclusion.