The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

1. Summary of grounds for appeal;

A. Of the facts charged in the instant case of mistake of facts or misapprehension of legal principles, there is no fact that the phrase “the same year as that of galle and girs” was made, and in light of the relationship between C and the victim, even if C made the same statement as that of the facts charged, the crime of insult is not established since there is no possibility of

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (one million won) is too unreasonable.

2. On September 2017, the summary of the facts charged, the Defendant publicly insultingd the victim C by stating “a woman with good quality” as “a woman with good quality” on the victim D at a chickens operated by the Hamyang-gun B, Ham-gun. The Defendant used the victim “a woman with good quality.”

3. The lower court found the Defendant guilty on the ground that the Defendant’s partial statement in the lower court, the witness C’s legal statement in the lower court, etc., as evidence, could be recognized as a fact of openly insulting the victim as stated in the facts charged.

4. The public performance, which is the constituent element of the crime of defamation of the political party’s judgment, refers to the state in which many and unspecified persons can recognize the fact, and even if one person expresses the fact, if there is a possibility of spreading it to many and unspecified persons, it meets the requirements of public performance, but if there is no possibility of spreading it differently, it shall be deemed to lack the public performance, which is the constituent element of

On the other hand, if the public performance of defamation or insult is recognized on the ground of the possibility of dissemination, it is necessary to dolusence as a subjective element of the constituent elements of the crime, and thus, it is possible to recognize the possibility of dissemination, as well as to allow the risk.