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The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. Summary of grounds for appeal;
A. In addition, it cannot be deemed that there was an intention of insult because the Defendant, by breaking a mistake of facts or misunderstanding of legal principles in the behavior of the victim, who is the president of the council of occupants' representatives, made a speech identical to the facts charged in this case, and made a statement as to the facts charged in this case while speaking for the joint rights of the occupants, and thus, it should be deemed that illegality is excluded as an act that does not violate social rules in light of the overall circumstances, and thus, the court below convicted the Defendant of the facts charged in this case. In so doing, the court below erred by misapprehending the facts
B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.
2. The offense of insult as referred to in the crime of insult is an expression of an abstract judgment or a sacrific sentiment, which could undermine people’s social assessment without a statement of fact. Even in a case where any writing or words contain especially insulting expressions, when such expressions can be deemed as acts that do not contravene social norms in light of the sound social norms of the era, illegality is exceptionally denied pursuant to Article 20 of the Criminal Act (see, e.g., Supreme Court Decision 2008Do1433, Jul. 10, 2008). According to the records of the instant case, the Defendant attended the B apartment apartment council meeting held on March 12, 2015, and made a statement about two hours and five2 minutes with a right to speak from the victim, who is the council of occupants’ representatives. ② The Defendant’s speech mainly raises excessive increase of the long-term repair appropriations, the procedure for convening the council of occupants’ representatives and the minutes, etc., and criticizes the victim’s observance of the council of occupants’ representatives.