The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Comprehensively taking account of the evidence submitted by the prosecutor of fact-finding, the court below found the defendant guilty of this part of the facts charged, which is erroneous in the misapprehension of facts.

B. The sentence of the lower court’s improper sentencing is too uneasible.

2. Determination

A. Determination on the assertion of mistake of facts 1) The summary of the facts charged in this part of the facts charged is as follows: “D is a mentally weak person in the place where the F, an employee of the instant office, is located in the Seocho-gu Gwangju Tourism Management Office (hereinafter “the instant office litigation”) on January 2016.

“Publicly insulting D by speaking to the purport that it is “.”

2) The judgment of the court below is based on the following circumstances, i.e., the evidence adopted by G investigation agency and the court of the court below, i.e., (i) there is a difference between G’s statement in G’s investigation agency and the court of the court below prior to the fact that “the defendant said to be a person with a mental disorder of D,” and (ii) there is a difference between the above facts charged, and (iii) E, an employee of the office of this case, was working with the ordinary defendant, and was in the office of this case at the time of the defendant’s statement insulting D as in the above facts charged, and E was unable to hear at the investigation agency and the court of the court of the court below that the defendant was a person with a mental disorder

The consistent statement; (3) The F made several different statements on the time and circumstances in the investigative agency and the court below’s ruling; (4) the F’s statement is inconsistent with the aforementioned G and E’s statement; and (5) the F retires on March 31, 2016 at the request of the said representative, while working as an employee of the instant office.