The judgment of the court below is reversed.

The defendant shall be innocent.

1. The summary of the grounds for appeal (legal scenario) lies in the fact that the Defendant posted an article about the victim as stated in the facts charged in the instant case on the B apartment website bulletin board, but the Defendant had a specific intent to insult the complainant.

Since an expression that is likely to be insulting to a complainant is not made by going beyond social norms, it is not a crime of insult.

Nevertheless, the court below found guilty of the facts charged of this case. The court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Around September 11, 2013, the summary of the facts charged in this case published the text of “B building president’s reply letter” on the B Building website (C) bulletin board, and inserted the text of “B building president’s reply letter.”

위 게시판에 "D님 같은 사람이 동대표라도 되면 우리 단지 큰일나겠어요 이런식으로 주민들 속이고 다 감출거 아녜요 ;;; 유유상종이라더니 " 라는 글을 게재함으로써 공연히 피해자를 모욕하였다.

3. Determination

A. The offense of insult as referred to in the crime of insult is an expression of an abstract judgment or a sacrific sentiment, which does not indicate facts, and even in a case where a certain article contains especially insulting expressions, if such expressions can be deemed as acts that do not violate the social norms in light of the sound social norms of the times, illegality is excluded exceptionally in accordance with Article 20 of the Criminal Act (see Supreme Court Decision 2008Do1433, Jul. 10, 2008).

If we look at only the simple text of the above comments written in the facts charged in the instant case, there is no room to regard them as an insulting speech that has lowered the social evaluation of the personal value of the victim or expressed the sacrific sentiment.

However, the following circumstances acknowledged by the evidence duly adopted and examined by the court below.