The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too uneasy and unreasonable.

2. Ex officio determination

A. Of the facts charged in the instant case, the Defendant, around November 22:23, 2015, was aware of the fact that the Defendant: (a) was the victim at around five minutes to F, who was aware of the fact that there was a large number of people, such as D and packaging horse-type G, etc., from the rear wing-ro B, around the front city, in the following package wing-type:

The victim openly insultingd the victim by referring to the desire, such as the opening of a dog, the bomb, the bomb, etc.

B. The offense of insult under Article 311 of the Criminal Act is a crime that legally protects an external reputation, which means a social evaluation of a person’s value, and the offense of insult refers to the expression of an abstract judgment or sacrific sentiment that is likely to undermine a person’s social evaluation without revealing any fact.

Therefore, even if any expression is not likely to undermine the social evaluation of the other party’s personal value, it cannot be deemed as constituting the elements of the offense of insult, even if the expression was expressed in a somewhat unusual manner (Supreme Court Decision 2015Do229 Decided September 10, 2015). According to the evidence duly adopted and investigated by the lower court, the following facts are recognized.

① On November 9, 2015, at around 22:23, 2015, the Defendant, under the influence of alcohol in front of the subsequent fluoral Ba B, was unable to avoid disturbance, i.e., “a fluor equal to a fluort fluor, fluort fluort”, fluorcing a fluor, fluorcing the right face of D, fluoring a fluorcing fluor, and fluorcing a fluorcing fluor G.

② He reported the Defendant to the police, and the captain G was dispatched to the police upon receipt of a report from the police officer of the Kunju E District Police Station, and the police officer of the Kunju Police Station E District.

(3) When the Inspector F explained the Defendant the instant processing procedure, etc., the Defendant is son of bitbitch.