The defendant's appeal is dismissed.

1. The victim, the president of the partnership of the grounds for appeal, had considerable problems in the progress of the redevelopment association's business and the operation of the partnership, and the defendant raised the notice of the facts charged in this case on the church website at the intent to criticize this.

The crime of this case is merely a criticism of the victim's behavior using the words cited in the sexual background by inserting the Defendant's writing on the church website, and thus, is reasonable in light of the means and methods of writing a notice.

Therefore, although the Defendant’s writing writing constitutes a legitimate act, the lower court erred by misapprehending the legal doctrine on the legitimate act, thereby adversely affecting the conclusion of the judgment.

2. Determination:

A. The provision that Article 20 of the Criminal Code does not punish acts contrary to social norms provides that the concept of social norms shall be the basis for determining the most basic illegality. According to the provision of the Criminal Code, even if the act seems to fall under the elements for establishing a crime in compliance with the language and text of the provision of the law, the illegality shall not be avoided and punished only if it is considered to be within the scope of the social order which is extremely normal form of living, which has been historically created, and a certain legal nature is recognized as not illegal as a result of social development, and the punishment shall not only be valueless, but also be contrary to social justice, or if it is possible to evaluate that the act was conducted as a means of social reasonableness in order to realize it in light of the purpose and value of free democracy society, it does not violate social norms.

In order to recognize such legitimate acts, the legitimacy of the motive or purpose of the act, the reasonableness of the second means or method of the act, and the third.