The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Regarding the charge of insult of the facts and the charge of misunderstanding the legal principles, the Defendant, who did not take a bath and, as a matter of course, sent the Defendant “Ah h h h” as “Ah h h h,” and the victim erred.

Even if the defendant took a bath, there is no person except the police officer and H, and there is no performance.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged and erred by misapprehending the legal doctrine.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 1.5 million) is too unreasonable.

2. Determination

A. The following circumstances are acknowledged based on the judgment of the court below and the evidence duly admitted and examined by the court below as to the misapprehension of facts and the legal principles. ① The defendant denies the insult, while denying the Defendant’s insult, the defendant took a bath without any counter-party. The defendant could be sufficiently aware of the victim’s speech when he or she was in the process of suppressing the Defendant at the time, and ② the specific contents of the victim’s bath in the victim’s statement differ from the investigation agency and the court of the court of the court below. However, the main part of the bath theory (hereinafter “CB”) are consistent with the victim’s statement, and the other police officers’ statement that was adjacent to the victim at the time are supported by the victim’s statement. ③ The Defendant and the victim were jointly used by the residents of the telecom at the time when the police was exposed to the near time as stated in the facts charged, and the residents’ statement and the victim’ statement can be generally acknowledged from the victim’s warning.

Therefore, this part of the defendant's argument is without merit.

B. Sentencing;