The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (legal scenarios assertion) published an insulting or written comments (hereinafter “instant text”) that could undermine the social evaluation of victims four times, such as the written facts in the facts charged, on the Internet camera of “M” operated by S (hereinafter “M”), a person who is one of the F church believerss, for the purpose of slandering the victim who is a member of the above church. This case’s text is a content that criticizes the victim by concluding that it is a mere suspicion that is not proven as a fact, and is a content that is a mere suspicion that is not proven as a fact, the degree of insult that the victim feel is large, and there is a different way to solve the problems inside the church, even if an insulting expression is recorded, the judgment of the court below which judged that the Defendant’s act does not violate the social rules, is erroneous in the misapprehension of legal principles as to legitimate acts.

2. The offense of insult as referred to in the crime of insult is an expression of an abstract judgment or a satisfic 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 deemed 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). The following circumstances acknowledged by evidence duly adopted and examined by the court below, namely, ① the victim is a member of the H religious organization I’s association (hereinafter referred to as “I’n association”) which is a head of the F church and the Defendant is established by the FI’s association as the head of the F church and the FI’s association affiliated with the FI’s association.