The judgment below

The part concerning Defendant B is reversed, and this part of the case is remanded to the Daejeon District Court's principal agreement.

The grounds of appeal are examined.

1. As to Defendant B’s grounds of appeal

A. The offense of insult under Article 311 of the Criminal Act is an offense of protecting an external reputation, which means a social evaluation of a person’s value, and refers to an offense of insult as defined in the offense of insult, namely, expressing an abstract judgment or sacrific sentiment that may undermine a person’s social evaluation without revealing any fact.

Therefore, if a certain expression is not likely to undermine the social evaluation of the other party’s personal value, even if it was expressed in a somewhat unusual manner, it cannot be deemed as constituting the element of the crime of insult (see, e.g., Supreme Court Decisions 87Do739, May 12, 1987; 2015Do229, Sept. 10, 2015). (b) The reasoning of the lower judgment and the evidence duly admitted reveals the following facts.

1) Defendant B was a person engaged in union operation with the position of the head of the F organization E branch office E (hereinafter “F organization”) in the position of dismissal status of E Co., Ltd. (hereinafter “E”), and Defendant B was a vice president of E and was concurrently a factory of Asan Factory as E-president.

2) From 2011 to 201, E has undergone serious conflict between labor and management.

In such a process, conflicts between labor and management have occurred, such as identifying unfair labor practices such as nullifying existing labor unions and participating in the establishment of multiple labor groups.

3) From October 7, 2014, J negotiated with the employer’s negotiating members and labor-management. Defendant A was able to engage in negotiations with J.

Both employers and employers continued to negotiate on October 14, 2014, but the J may proceed with negotiations that do not cause a recurrence of his or her abusive or insulting speech, and the Defendants expressed that they would be able to negotiate with the J again.

4) 40 managers, including J, executives and departments, including 40 managers.