The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in the state of mental disability or mental disability.

B. The sentence imposed by the lower court on the Defendant (three million won of a fine) is too unreasonable.

2. Before determining the grounds for appeal ex officio, the applicable provisions to each of the offenses of insult in this case are "Article 311 of the Criminal Act". The statutory penalty is " imprisonment or imprisonment without prison labor for not more than one year or a fine not exceeding two million won". Although the scope of punishment is the same as above, the court below sentenced a fine not exceeding three million won in excess of the upper limit of the punishment. The judgment of the court below is erroneous in the misapprehension of law which affected the conclusion of the judgment, and thus the judgment of the court below is no longer maintained.

However, despite the above reasons for ex officio destruction, the defendant's argument about mental disorder is still subject to the judgment of this court, and this will be examined.

3. According to the records of determination on the Defendant’s mental and physical disorder, it is recognized that the Defendant had drinking alcohol at the time of committing the instant crime.

However, in light of the process, means and method of the instant crime and the Defendant’s conduct before and after the instant crime, which was duly adopted and examined by the lower court, it is difficult to view that the Defendant was in a state of mental and physical disability or mental disorder at the time of the instant crime.

Therefore, the defendant's mental disorder is without merit.

4. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

Since the main text of the judgment of the court below is the same as the corresponding column of the judgment below, it is cited in accordance with Article 369 of the Criminal Procedure Act.

The laws and regulations;