The defendant's appeal is dismissed.

The gist of the grounds for appeal is that the Defendant’s statement to the victim E as stated in the facts charged is inconsistent, but it is nothing more than an insult, rather than an expression of facts.

Even if the facts were publicly stated, illegality is excluded because it does not violate social rules.

The punishment of the court below (1.5 million won) which is unfair in sentencing is too unreasonable.

Judgment

In the crime of insult to the assertion that a statement of fact is not a statement of fact, the term “comprehion” as referred to in the crime of insult to the assertion that a statement of fact is not a statement of fact, but an abstract judgment or a sacrific sentiment that may undermine the people’s social assessment (see Supreme Court Decision 2011Do16505, Oct. 11, 2013). In the crime of defamation, “public allegation of fact” is an expression of opinion that is an expression of value judgment or evaluation, and it means a report or statement on specific past or present facts in time and space and in detail (see Supreme Court Decision 2004Do6371, Sept. 28, 2006). The Defendant’s victim’s “A sexual assault to the victim ought to be her husband’s hobby, and thus her husband’s entertainment must be made.

“The phrase “a statement constitutes a statement of fact with respect to the fact that the husband of the victim committed sexual assault,” which constitutes a statement of fact, and cannot be deemed as a simple abstract judgment or an expression of sacratal sentiment.

The defendant's assertion of misapprehension of the legal principles is without merit.

"Act which does not violate social rules" under Article 20 of the Criminal Act regarding the argument that illegality is excluded as an act contrary to social norms refers to an act which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and whether a certain act is justified as a legitimate act which does not violate social rules and thus is excluded from illegality is individually examined under specific circumstances.