The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal in this case where the Defendant posted the summary of the grounds for appeal is found to constitute a crime of insult by revealing the victim’s sexual character or character to be bad, and indicating that “the victim is deemed to have filed a complaint against the snow-friendly fact in and around the Defendant.”

The judgment of the court below which acquitted the defendant is erroneous in the misapprehension of legal principles which affected the conclusion of the judgment.

2. The lower court: (a) explained the concept of insult and the legal principles on the grounds for the exclusion of illegality; and (b) the content of the instant text cannot be deemed as having expressed an abstract judgment or a sacrific sentiment that may further undermine the social evaluation of the victim’s injury; and (c) even if the content of the instant text constitutes a insult that may damage the social evaluation, the Defendant was acquitted on the grounds that it does not violate social rules, taking into account the motive and background leading up to the publication of the instant text, and the degree and proportion of insulting expressions, etc., and thus, the illegality should not be avoided.

In light of the following: (a) the place in which the instant text was posted is an Internet bulletin board to publicize the “C” of the victim’s operation and to grasp consumer’s opinions; (b) the relationship between the Defendant and the victim who traded or repaired the instant text; (c) the background behind the Defendant’s posting of the instant text; (d) the overall content of the Defendant’s writing; and (e) its significance and meaning; (c) the expression in cyber space should not cause unfair interference or infringement on other’s rights and interests; and (d) the expression in cyber space should not be subject to excessive restriction on the expression of opinion; and (e) the public prosecutor’s aforementioned grounds for appeal are considered.