The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The defendant only posted comments to the purport that criticizes the Minister's attitude of hearing, which is a public official, and the victim E is not insulting by specifying the victim E, so the offense of insult is not established.

2. The offense of insult is established when a person is openly insulting (Article 311 of the Criminal Act). The legal interest protected by the law is the external reputation, namely, a social evaluation of a person’s value. Here, insult refers to the expression of an abstract judgment or sacrific sentiment, which is likely to undermine a person’s social evaluation, without indicating a fact.

In addition, the offense of insult is established by openly expressing an abstract judgment or sacrific sentiment that may undermine the external reputation of the victim, so the external reputation of the victim is not practically infringed or the risk of infringement is not likely to be infringed specifically and practically.

(See Supreme Court Decision 2016Do9674 Decided October 13, 2016, etc.). In full view of the title of the article in which the Defendant prepared comments based on the evidence duly adopted and examined by the lower court, the background leading up to the Defendant’s preparation of comments, the content and specific expressions of comments, etc., it can be recognized that the Defendant committed an insulting act in the Internet newspaper articles that are able to be seen by many people, which may undermine the assessment of the victim’s personal value by taking into account the victim’s desire to express an destructive expression toward the victim’s individual, and it is difficult to evaluate this as a mere expression or an indecent speech and behavior, and it cannot be deemed that it merely expressed a critical opinion as to the official duties of the Minister.

On the other hand, it can be sufficiently known that the defendant's insulting act against the victim only with the title of the article in which the defendant written comments and the content of the comments are written. Thus, the content of insult is interpreted as against the specific person belonging to the group.