The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The misunderstanding of the facts and the legal principles allow the victim to see himself/herself as “bris” in the broadcast, and thereby, “F is a garbage.”

Inasmuch as the public image of the instant facts charged was formed, the text of the comments written in the instant facts charged cannot be deemed to have expressed an abstract judgment or satisfic sentiment that could undermine the social assessment of the victim.

Even if the defendant's act constitutes the element of the offense of insult, it should be justified as it does not violate social rules.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles or affecting the conclusion of judgment.

B. In light of the various sentencing conditions of this case where sentencing is unfair, the sentence of a fine of KRW 300,000 imposed by the court below against the defendant is too unreasonable.

2. Determination

A. In the crime of insult of a mistake of facts and misapprehension of the legal doctrine, the insult referred to in the crime of insult of a mistake of facts refers to the expression of an abstract judgment or a sacrific sentiment that could undermine the people’s social assessment without mentioning the facts (see Supreme Court Decision 2003Do3972, Nov. 28, 2003). The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① the Defendant had a good image against the ordinary victim, but the Defendant reported the article that the victim wanted to go to a member of the National Assembly, and written the comments in this case. ② Generally, the expression of a specific person as “waste” was interpreted as having the intention of unabunding or destroying the person. Even if the victimized person contributed to a codin broadcasting, it was reasonable to allow the victim by referring himself as “waste”.

Even if so, the victim is the popular image of “F = garbage.”