All appeals by the defendant and the prosecutor are dismissed.

Summary of Reasons for appeal

A. Defendant 1) In light of the misunderstanding of facts and misapprehension of the legal doctrine (as to the guilty part of the judgment of the court below), the motive that the Defendant posted his writing, religious customs, and tradition, this article posted as stated in the insulting part of the facts charged of this case does not constitute the elements of the offense of insult or constitutes a justifiable act. However, the court below found Defendant 1 guilty of the facts charged. Thus, the court below erred by misapprehending the legal principles as to the grounds for excluding illegality, thereby adversely affecting the conclusion of the judgment.

2) The punishment sentenced by the lower court (an amount of KRW 500,000) is too unreasonable, and the provisional payment order against the fine is also unfair.

B. Prosecutor 1) misunderstanding the legal principles (as to the part not guilty of the judgment below), the Defendant did not deliver information about the interest of the unification believers, but posted the title “L” on the K Kaf-D’s bulletin board, as described in the part of the facts charged of this case’s violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Defamation) with a view to impairing the reputation of the victim and taking advantage of the victim’s attitude against the victim, etc., but rather, by using a malicious expression against the victim. The lower court was a purpose of slandering the Defendant.

Since the court below acquitted the above facts charged on the grounds that it cannot be seen, the court below erred by misapprehending the legal principles as to the grounds for dismissal of illegality.

2) The punishment sentenced by the lower court (a sum of KRW 500,000) is too unhued and unfair.

2. Determination

A. As to the Defendant’s assertion of misunderstanding of the facts and legal principles, the insult referred to in the offense of insult refers to the expression of an abstract judgment or satisfic sentiment that may undermine the people’s social assessment without mentioning the facts. As such, any expression is the other party’s personal character.