The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the fact-misunderstanding and legal principles that the Defendant’s remarks written in the facts charged are commonized among prisoners, the Defendant’s remarks do not constitute an insulting speech that expressed a sacrific sentiment that could undermine the social evaluation of the victim’s personal values. The Defendant’s remarks are unlikely to spread the Defendant’s remarks in a close relationship with the victim E.

However, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, which adversely affected the conclusion of the judgment, among the facts charged in the instant case.

B. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. Determination 1 on the assertion of misunderstanding of facts and legal principles is a crime established when a person is openly insulting (Article 311 of the Criminal Act). The crime of insult is a legal interest that protects external reputation, referring to a social evaluation of a person’s value. Here, insult means expressing an abstract judgment or sacrific sentiment, which is likely to undermine a person’s social evaluation, rather than expressing a fact.

In addition, the offense of insult is established by openly expressing an abstract judgment or sacrific sentiment that may undermine the external reputation of the victim, and thus, the victim’s external reputation is not practically infringed or the risk of actual infringement is not likely to occur (see Supreme Court Decision 2016Do9674, Oct. 13, 2016). In addition, according to the evidence duly adopted and examined by the court below and the court below, the victim’s victim used for the victim.

The expression “the”, “the fluoral bat,” etc. is sufficient to regard it as an ambiguous expression that may undermine the social evaluation of the victim, and the said expression is between the Defendant and the victim, who is an inmate inside the prison.