The prosecutor's appeal is dismissed.

1. In light of the contents and circumstances of the Defendant’s statement of the gist of the grounds for appeal, the facts charged in the instant case constitutes a constituent element of the offense of insult, and its illegality cannot be deemed to be avoided as it does not violate social rules.

2. Determination

A. The summary of the facts charged is the person who serves as the life and school physician of Chigh School.

On September 25, 2015, the Defendant: (a) around 13:00 on September 13, 2015, in C High School C High School C High School C High School C High School C High School C High School C High School C High School C High School C High School E (18 years of age, women) among the class was in charge of an application for college admission to F. The Defendant heard that he did not receive an application for college admission; (b) he did not receive an application; and (c) heard that he did not receive an application for college admission; and (d) 37 students, such as the victim, etc., the Defendant publicly insultingd the victim.

B. The lower court determined that the facts indicated in the facts charged are all acknowledged according to the evidence submitted by the prosecutor. However, the lower court: (a) the Defendant and the victim are the relationship between the Defendant and the student to enter high school; (b) the Defendant was the victim’s counsel to enter the Jeju Tourism University G, and the victim was also the same at the same place (the relationship between the Defendant and the victim); and (c) the Defendant, the victim, who is the teacher of higher school, was in charge of receiving an application for college admission (the first time of the time of the time of the college admission). The Defendant, who is the teacher of higher school, did not receive an application for college admission and did not receive the application for college admission; (c) considered the circumstances that “the victim did not feel or were unable to submit an application for college admission; and (d) provided the victim with the fundamental cause and the frequency of the Defendant’s statement at one time.”