The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant alleged a misunderstanding of facts as to the insult of the offense of insult only stated that “No one’s parents have made it an occupation so as to see our same person so far as our occupation is good.” Nevertheless, the lower court found the Defendant guilty of this part of the facts charged, which erred by mistake of facts. 2) The lower court’s punishment of unreasonable sentencing (fine 700,000 won) is too unreasonable.

B. A prosecutor 1) In full view of the fact that the victim alleged a mistake of facts as to the injury and the misapprehension of legal principles consistently stated the situation where the victim suffered injury, the defendant caused physical fighting by taking the cell phone image against the victim's face, the victim suffered injury that needs to be treated for about two weeks due to the defendant's assault, and the medical certificate corresponding thereto was submitted as evidence, and the Defendant's assault constitutes an active attack beyond passive defensive acts, it cannot be deemed that the Defendant's act constitutes a justifiable act. Nevertheless, the judgment of the court below which acquitted the Defendant of this part of the facts charged on the ground that the Defendant's act constitutes a justifiable act is erroneous in the misapprehension of legal principles or in the misapprehension of legal principles. 2)

2. Determination on the grounds for appeal

A. The following facts and circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of misunderstanding of facts as to insult, namely, ① the victim submitted a written complaint and prepared a written statement four days after the occurrence of the instant case; ② the victim’s statement is consistent from the police investigation stage to the court of the lower court’s trial; ② the victim’s statement is consistent from the police investigation stage to the court of the lower court’s trial; ③ the motion picture CD submitted by the victim.