The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (the factual errors and misapprehension of the legal doctrine) of the instant comments are irrelevant to the formation of public opinion, and are listed only in malicious expressions, the victim cannot be deemed to have taken the response to the comments, and even considering that the victim is recognized, the above comments are deemed to have exceeded the limit that the victim should recognize, the Defendant’s act does not constitute a justifiable act.

2. Determination on the grounds for appeal

A. The lower court determined that the Defendant’s act constitutes an insulting speech that may damage the victim’s social assessment, and that the Defendant’s intent is also recognized, but in light of the legal principles as seen earlier, the Defendant’s act was not in violation of the social rules, and thus, the illegality should be avoided.

B. The insult as referred to in the crime of insult 1 of the party deliberation does not indicate a fact, and expresses an abstract judgment or a sacrific sentiment that might undermine a person’s social evaluation. Even in cases where a certain insult contains such insulting expressions, in light of the motive, circumstance, and background behind posting the article, the overall purport of the article, specific method of expression, the logical and objective objective of the premised fact, the degree of such insulting expressions in the whole article, and the relation between the overall content and the whole contents of the article, the insulting expression is based on the premise that it is objectively reasonable, and if it is nothing more than the use of partially insulting expressions in the process of emphasizing its judgment and reasonable opinion, it is an act contrary to social rules under Article 20 of the Criminal Act, unless there are other special circumstances.