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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The insult of this case does not constitute a justifiable act under Article 20 of the Criminal Act. The defamation of this case is unlawful, and the judgment of the court below which convicted the Defendant of the facts, despite the dismissal of illegality under Article 310 of the Criminal Act.
B. The sentence of the lower court’s unfair sentencing (an amount of KRW 1.5 million) is too unreasonable.
2. Determination
A. The "act which does not violate social norms" as stipulated in Article 20 of the Criminal Act regarding the assertion of mistake of fact-finding means an act that is acceptable in light of the overall spirit of legal order or the social ethics or social norms surrounding the act. Thus, if a certain act satisfies the requirements such as the motive of the act or legitimacy of the act, the means or method of the act, the reasonableness of the means or method, the balance between the legal interests of the protected interests and infringed interests, urgency, and the supplementary nature that there is no other means or method than the act, it constitutes a justifiable act (see Supreme Court Decision 2004Do8530, Feb. 25, 2005). In addition, the following circumstances revealed by the evidence duly adopted and investigated by the court below, namely, the defendant committed the crime of this case to ensure that others including E, including the victim report damage to the surrounding persons, and thereby, people receive no further damage.
However, the defendant's expression is merely an expression that leads to the fluority and flasing of the victim, and it is difficult to see that the above act has legitimacy in the motive or purpose, or has reasonableness in the means or method of the act, and it constitutes an act in violation of social norms that undermine the social evaluation of the victim. Therefore, the above argument by the defendant is without merit.
Article 310 of the Criminal Code on the argument that the illegality of defamation is dismissed is the act of Article 307 (1) of the Criminal Code.