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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (legal scenarios) did not deem that the Defendant’s act of posting a statement of insulting a victim on the Internet bulletin board, as stated in the facts charged of this case, did not meet the requirements for legitimate acts under Article 20 of the Criminal Act. However, since the lower court rendered a judgment not guilty of the Defendant on the ground that the above act constitutes a justifiable act, the lower court erred by misapprehending
2. In the crime of insult as referred to in the crime of insult is an expression of an abstract judgment or a sacrific sentiment which does not indicate a fact, and even in a case where a certain article contains especially insulting expressions, if such expressions can be seen as acts that do not violate the social norms in light of the sound social norms of the times, illegality is excluded exceptionally in accordance with Article 20 of the Criminal Act (see, e.g., Supreme Court Decision 2008Do1433, Jul. 10, 2008). Examining the evidence submitted by the court below in light of the records and legal principles, it is just that the court below found the defendant's act as an act that does not violate the social rules under Article 20 of the Criminal Act, and it is not erroneous in the misapprehension of legal principles as alleged by the prosecutor.
3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.