The defendant's appeal is dismissed.

1. The accused of the grounds for appeal does not insult the victim D as stated in the facts charged.

It is only defensive to defend a victim by exercising violence against the defendant, dumping him/her, and dumping him/her.

Nevertheless, the court below erred by misapprehending the legal principles as to the facts charged of this case.

2. Determination

A. Unless there are exceptional cases where maintaining the first instance judgment on the credibility of the statement made by the witness of the first instance trial is deemed to be remarkably unfair, the appellate court shall not arbitrarily reverse the first instance judgment on the ground that the first instance judgment on the credibility of the statement made by the witness of the first instance trial is different from the appellate court’s judgment (see Supreme Court Decision 2006Do4994, Nov. 24, 2006, etc.). (b) The lower court acknowledged the fact of insulting the victim as stated in the facts constituting an offense in the lower judgment on the grounds that the Defendant made each statement made by the witness D, E, H, I among the witness examination protocol outside the trial date.

The victim D, at the court of the court below on April 16, 2016 in Jongno-gu Seoul Jongno-gu, Seoul on April 16, 2016, and at the front of G in Jongno-gu Seoul, Jongno-gu, Seoul on the 20th day of the same month, had talked about Defendant A and construction contract, and had insulting remarks from Defendant as described in the facts charged.

A. A witness E testified at the court of the court below to the effect that the defendant testified as stated in the facts charged on Apr. 16, 2016 and Apr. 20, 2016. A witness E testified to the effect that the defendant first started the victim's desire, not the victim's speech (p. 52,53 of the public trial record). A witness H and I also expressed in the court of the court of the court below that the defendant took a bath as stated in the facts charged at G on Apr. 20, 2016. A witness H and I expressed to the effect that the defendant first started the victim's desire, not the victim's speech (p. 52,53 of the public trial record).

In light of the statements made by witnesses E, H, and I, the victim’s statement is reliable. The judgment of the court below is based on credibility.