The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts or misapprehension of legal principles (1) It is difficult to see that the facts charged in the instant case alone are too vague to prevent the content thereof, and thus, it constitutes a crime of insult under the Criminal Act.

In addition, due to the nature of the life-sustaining lectures taught by the defendant, he/she took lessons using the student's private house with the consent of the student, and the victim was allowed to disclose the victim's private house to the defendant's lecture before this case.

Therefore, the defendant had no intention to insult the victim.

(2) The Defendant’s speaking as stated in the facts charged cannot be punished in the scope of freedom of study under the Constitution.

(3) In light of the motive, circumstance, etc. of the Defendant’s act during his demotion as stated in the facts charged in the instant case, the Defendant’s act is dismissed as an act that does not contravene the social norms and thus is unlawful.

(4) The recording document presented by the court below as evidence is written on the basis of the illegally recorded file of the defendant's lecture contents, and thus, it is not admissible as evidence of unlawful collection.

B. The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.

2. Determination

A. (1) Determination of misunderstanding of facts or misapprehension of the legal doctrine as to whether a person constitutes insult or intentional determination is a crime that legally protects an external reputation, which refers to a social evaluation of a person’s value, and the offense of insult as referred to in the offense of insult refers to the expression of an abstract judgment or sacrific sentiment that may undermine a person’s social evaluation without mentioning facts.

In addition, the offense of insult is established by openly expressing an abstract judgment or sacrific sentiment that may undermine the external reputation of the victim, so the external reputation of the victim is practically infringed.