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The defendant's appeal is dismissed.
Reasons
1. Summary of the grounds for appeal (the factual error, misunderstanding of legal principles, and unreasonable sentencing)
A. misunderstanding of facts and misunderstanding of legal principles have made a statement to the same effect as the facts charged, but there is no performance, and the defendant's act constitutes a justifiable act as it does not contravene social norms.
B. We examine the grounds of appeal on the grounds of unfair sentencing.
The punishment of the court below (the fine of 500,000 won) is too unreasonable.
2. Determination
A. 1) The lower court, based on the evidence duly adopted and examined by the lower court, determined that there is no ground to view that the victim C only has a friendship relationship with the victim C, such as having a neighboring resident, and that F only has a friendship relationship to the degree of friendship and personal relationship. 2) Performance refers to a state in which many and unspecified persons can be recognized, and if there is a possibility of spreading to an unspecified or multiple persons even if one person explicitly expresses the fact, if there is a possibility of spreading it to an unspecified or multiple persons, the requirements of performance are satisfied, but if there is no possibility of spreading it, it shall be deemed that the performance is lacking, which is the constituent element of the crime of insult. The same applies to performance that is the constituent element of the crime of insult.
(2) In the event that the public performance of the crime of defamation or insult is recognized on the ground of the possibility of dissemination, it is necessary to have dolusent intent as a subjective element of the constituent elements of the crime at least in the event that the public performance of the crime of defamation or insult is recognized on the ground of the possibility of dissemination. As such, not only the awareness of the possibility of dissemination but also the intent of the public to consider the risk is required. Whether the actor permitted the possibility of dissemination is determined on the basis of specific circumstances, such as the form of the act that was externally revealed and the situation of the act, etc.