A. In light of the overall purport of the comments written by the Defendant, the lower court erred by misapprehending the legal doctrine and thereby finding the Defendant guilty of the facts charged in this case, even if the Defendant’s act does not exceed the limit of freedom of expression and does not contravene social norms.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 300,000 won) is too unreasonable.

2. Determination

A. The offense of insult as to the assertion of misapprehension of legal principles is an expression of an abstract judgment or sacrific sentiment that could undermine the social assessment of a person without a statement of fact. Even in a case where a statement contains especially insulting expressions, if such expression can be deemed an act that does not contravene the social norms in light of the sound social norms of the age, illegality is exceptionally denied pursuant to Article 20 of the Criminal Act (see, e.g., Supreme Court Decision 2008Do143, Jul. 10, 2008). In light of the above legal principles, the instant case is deemed unlawful. In light of the contents and context of the article posted on the bulletin board column of the Internet homepage as at the time of the lower judgment, the ordinary meaning and usage of the expression, and the circumstances surrounding the posting of the above comments, etc., the expression “year” in which the Defendant posted constitutes a criticism of the victim’s behavior, which is not merely a victim’s abstract judgment or criticism, and thus, constitutes a case where the Defendant used the victim’s sexual character.