The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. At the time of misunderstanding the legal principles, the victim reported the Defendant to the police, and made the Defendant’s neck because he did not put the Defendant’s arms to the police, and thus, did not have the intention of insult, and constitutes a justifiable act.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. According to the record as to the assertion of misapprehension of the legal principles, the defendant can be acknowledged as having expressed the same motive as the statement of facts constituting an offense. Considering the meaning of expression, the relationship between the defendant and the victim, and the situation at the time of the crime, it can be sufficiently recognized that the defendant is aware that the victim would openly insult the victim. Such an act by the defendant constitutes a justifiable act that does not violate the criminal law or social rules.

Therefore, this part of the defendant's assertion is rejected.

B. As to the assertion on unfair sentencing, there is no defendant’s fault against the defendant; there is no agreement with the victim; in 2015, the defendant was indicted as an insulting crime; and there was a record of having been sentenced to the dismissal judgment by agreement with the victim, etc., which are disadvantageous to the defendant.

However, considering the fact that the defendant is old, and the defendant complained for the treatment for a considerable period of time by putting his arms from the victim at the time, the economic situation of the defendant is not good, and other factors of sentencing as shown in the records and arguments of this case, such as the defendant's age, character, conduct and environment, the sentence of the court below is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(4) of the Criminal Procedure Act and the defendant's appeal is justified.

[Discied Reasons for the Judgment] Criminal facts and summary of evidence recognized by the court, and summary of evidence, are the same as that of each corresponding column of the judgment below.