The judgment of the court below is reversed.

Defendant shall be punished by a fine of 200,000 won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. misunderstanding of facts or misapprehension of legal principles, the Defendant is merely an extension or respect to a defendant who is far more old than himself/herself, and an extension or connotation of his/her view as an extension or respect. This constitutes a justifiable act that does not go against social norms, and thus, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine on a legitimate act.

B. The sentence sentenced by the lower court (500,000 won in penalty) is too unreasonable.

2. Determination as to the misapprehension of facts or misapprehension of legal principles

A. It is an act that does not violate the social norms stipulated in Article 20 of the Criminal Act, as one of the political parties’ acts that interfere with the social rules as the grounds for the exclusion of illegality, such as “act in compliance with the social rules” and the direction of review in this case, is an indefinite concept in which the inner and external transmission is not clear.

Therefore, there is room for debate regarding the definition of that concept.

혹자는 “ 법질서 전체의 정신이나 그 배후의 지배적인 사회윤리에 비추어 일반적으로 용인될 수 있는 행위 ”라고 해석하기도 하고, 어떤 이들은 “ 국가질서의 존엄성을 기초로 한 국민 일반의 건전한 도의 감 또는 공정하게 사유( 思惟) 하는 일반인의 건전한 윤리 감정”, “ 사회생활에 있어서 일반적으로 인정되는 일상적인 규칙” 등으로 해석하기도 한다.

D. The above interpretation theory can be seen as a valid explanation. Accordingly, our courts, including party members, also the "act in accordance with the laws and regulations," and "other act that does not violate the social rules," which are in the same line with the "act in accordance with the law and regulations," which is specified as a justifiable act by Article 20 of the Criminal Code, are "other act that does not go against the social norms."