The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. It is true that the Defendant, by misapprehending the legal principles, posted the same article as the entries in the facts charged in the instant case on the bulletin board of the website “C” operated by himself, but it is deemed that the victim E (hereinafter “victim”) who is the chief of the general affairs department of a religious order, etc. of the religious order inform Y of the case proposed by the head of the club P, constitutes legitimate self-defense or legitimate act.

Nevertheless, the court below found the Defendant guilty of the facts charged in this case. The court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Determination

A. The "act which does not violate social rules" under Article 20 of the Criminal Act as to the assertion of misapprehension of legal principles refers to the act which can be accepted in light of the overall spirit of legal order or the social ethics or social norms in its hinterland. Whether certain act is justified as an act that does not violate social rules, and thus, it should be judged individually and reasonably under specific circumstances. Thus, to recognize such legitimate act, the following requirements should be met: first, the legitimacy of the motive or purpose of the act; second, the reasonableness of the means or method of the act; third, the balance between the protected interests and infringed interests; fourth, urgency; fifth, the supplementary nature of the act that does not have any other means or method than the act (see, e.g., Supreme Court Decisions 2003Do300, Sept. 26, 2003; 2003Do4934, Jun. 25, 2004); and therefore, to recognize it as a legitimate self-defense or an infringement of other person's legal interests.