The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Summary of Grounds for Appeal

A. According to the records of this case, although the defense counsel of the defendant submitted a petition of appeal against the judgment below on July 17, 2020, the defendant did not state the grounds for appeal in the above petition of appeal, and the defendant did not submit the statement of grounds for appeal within the period for submission stipulated in Article 361-3(1) of the Criminal Procedure Act even though he was notified of the receipt of the notification of the receipt of the trial records on August 13, 2020.

B. Prosecutor 1) The lower court rendered a not-guilty verdict on the insult of the facts charged in the instant case on the ground that the public performance of the mistake of facts (not guilty part) is not recognized, is erroneous in misunderstanding of facts. 2) The sentence imposed by the lower court on the grounds of unreasonable sentencing (not less than KRW 2,00,000) is too

2. Determination

A. We can not find the grounds for ex officio investigation even after examining all the records of this case regarding the defendant's appeal. The defendant's appeal should be dismissed by decision pursuant to Articles 361-4(1) and 361-3(1) of the Criminal Procedure Act. However, as long as the decision of the court below is reversed by accepting the prosecutor's appeal, it is not necessary to separately dismiss the defendant's appeal.

B. The offense of insult of a prosecutor’s assertion of unfair sentencing is established when a person is openly insulting (Article 311 of the Criminal Act). The legal interest protected by the law is an external reputation, namely, a social evaluation of the human value. Here, “defination” refers to the expression of an abstract judgment or sacrific sentiment, which would compromise the social evaluation of a person without a statement of 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. Thus, the external reputation of the victim is not practically infringed or the risk of infringement is not likely to be infringed specifically and practically.

Supreme Court on October 13, 2016