The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the defendant uses partially insulting expressions in the process of criticism against the prejudice of the victim against foreign workers, and thus it can be deemed that such expressions do not violate social norms, but the judgment below which found the defendant guilty of the facts charged of this case is erroneous in misunderstanding of facts or misunderstanding of legal principles.

2. Determination

A. The summary of the facts charged is that the victim D is the chairperson of the gathering opposing the establishment of F in Gyeyang-gu E in Yangyang-gu, Yangyang-gu, and the defendant (E) is a member of the gathering consenting to the establishment of each above F.

Around 12:03 on January 12, 2013, the Defendant publicly insultd the victim by openly citing comments on “DD doctor’s at the first office that the Defendant works as the representative of the Defendant, Goyang-dong-gu, Yongsan-gu, U.S., U.S., on the Internet NAV, and posted the name in the name of “Isk K” under the title “Isk if a foreigner is active, sexual assault is committed.”

B. The lower court found the Defendant guilty of the instant facts charged on the ground that, based on the legal doctrine that illegality may be avoided if only partially insulting expressions have been used during the process of emphasizing that one’s own judgment and opinion are reasonable (see, e.g., Supreme Court Decision 2007Do9411, Feb. 28, 2008), this part of the Defendant’s notice cannot be deemed to have been used in part in the process of clarifying the Defendant’s opinion on the printed matters distributed by the victim and emphasizing that the opinion is reasonable, and thus, it cannot be deemed that the expression partially insulting is in

C. In a case where any writing contains insulting expressions, the motive, circumstance, and background behind the posting of the writing, the overall purport of the writing, specific method of expression, and premised facts.