The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) The judgment of the court below that found the insult part of the insult part of the judgment of the court below guilty even though the defendant did not have the possibility of public performance or dissemination at the time of the statement about the victim was erroneous in misunderstanding of facts or misunderstanding of legal principles. 2) In relation to this part of the Act on Promotion of Information and Communications Network Utilization and Communications Network Utilization and Information Protection, etc. (Article 2) as stated in the judgment of the court below, the victim already expressed his intention not to have the victim punished, and this part of the crime

Nevertheless, the court below which found the defendant guilty has erred by misunderstanding of facts or misunderstanding of legal principles.

B. The judgment of the court below on the imposition of an unreasonable sentencing (three million won of a fine) is too unreasonable.

2. Determination

A. In full view of the evidence duly examined and adopted by the court below as to the insult of facts or misapprehension of legal principles, since it is recognized that many persons such as employees of the beauty room operated by the victim, customers, etc. were at the scene at the time of the defendant’s abusive opinion about the victim as stated in the facts charged, such performance is sufficiently recognized (it cannot be said that there was no performance even if some of the persons at the site was unable to hear the Defendant’s abusive opinion, even if some of them

As long as the performance of the Defendant’s act is recognized, the crime of insult is established regardless of the possibility of dissemination thereof (On the other hand, it is difficult to deem that there was no possibility of dissemination of the Defendant’s bath because the Defendant’s bath theory had no direct relation with the victim as well as the staff of the beauty room, etc., among the people operating the Defendant’s bath.

(2) As to the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc., the Defendant’s assertion on this part cannot be accepted.