The judgment of the court below is reversed, and the case is remanded to Chuncheon District Court.

The grounds of appeal are examined.

1. The summary of the facts charged in this case is as follows.

피고인은 2014. 12. 17. 경 컴퓨터를 이용하여 자신이 운영하는 네이버 블 로그( 전체 이웃 771명) 'E '에 접속한 후 그 곳 ' 우국 충정' 게시판에 피해 자가 피해자의 블 로그에 게시한 'G 친일의혹 팩트로 반박해 주마' 라는 글의 인터넷 바로 가기 주소, 위 글에 관하여 피고인과 피해자가 작성한 댓 글 캡 처 화면, 피해자의 얼굴 사진, 실명, 네이버 닉네임 및 아이 디가 기재된 프로필 캡 처 화면을 게시하고 그 밑에 피해자를 가리켜 " 여러분 H 친일을 부정하는 수 꼴도 종 북행위의 증거 앞에서는 꼼짝 못합니다.

This is the substance of this set.

The so-called “Irreh” is absent from the Hrrehyal Gu, and the Borehyhyhyhyhyhyhyhynnnnnnnn

In other words, "the name and the poor who visited the Defendant's Blob and visited the Defendant's Blob" and "the NA" who made comments on the above Defendant's writing was openly insulting the victim by allowing several people to view it.

2. The lower court reversed the first instance judgment convicting the Defendant of the instant facts charged on the ground that the expressions indicated in the facts charged of this case did not go beyond the means of leading another person’s consent to his own assertion or criticism of the other party’s assertion in the course of a political debate and did not constitute a degree of undermining the social evaluation of the victim’s personal value, or that it did not contravene social norms, and thus, did not constitute illegality.

3. However, we cannot accept the judgment of the court below for the following reasons.

A. In the crime of insult as referred to in the crime of insult is an expression of an abstract judgment or sacrific sentiment that could undermine a person’s social evaluation without a statement of fact, and whether it constitutes it is the meaning and intent of that expression in accordance with social norms and sound common sense.