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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (legal scenario) is as follows: (a) the victim FF candidates, who did not go through legitimate selection procedures, posted a letter to see I candidates for the president of the association that the Defendant supports; and (b) accordingly, the person who leads to the establishment of the president of the association was posted in the form of comments to point out the fact that he/she is the victim; and (c) the widely used expression “repatition” does not violate social rules, and thus, illegality is dismissed.
2. The crime of insult as referred to in the crime of insult is an expression of an abstract judgment or a sacrific sentiment that may undermine the social assessment of a person without a statement of fact. In particular, even though a certain article contains an insulting expression, it is not unlawful, if it exceeds the level of emphasizing one’s own judgment and propriety by comprehensively taking into account the developments leading up to the posting of the article, the degree or level of the insulting expression in the entire contents, etc., and if it is focused on the expression of insulting sentiment against the victim, it is unlawful in violation of social norms (see, e.g., Supreme Court Decisions 2005Do1453, Dec. 23, 2005; 2008Do1433, Jul. 10, 2008). In light of the evidence duly admitted and investigated by the lower court, the Defendant’s expression of the Defendant’s reputation that the Defendant had been subject to a fine 501, supra, by posting the instant candidate’s comments to the Defendant’s 301.