The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (the factual errors and misapprehension of the legal principles) of the Defendant’s comments posted by the Defendant are merely the intent to criticize unspecified women who are not the other party’s men after having sexual intercourse under an agreement, and do not insult the victim by referring to the victim, the lower court convicted the Defendant of the facts charged in this case, but is erroneous in misapprehending the legal principles and misconception of facts.

2. The offense of insult is established when a person is openly insulting (Article 311 of the Criminal Act). The legal interest protected by the law is the external reputation, which means a social evaluation of a person’s value. Here, insult refers to the expression of an abstract judgment or sacrific sentiment, which is likely to undermine a person’s social evaluation, without indicating a fact.

(See Supreme Court Decision 2016Do9674 Decided October 13, 2016). The following facts or circumstances recognized by the lower court based on the evidence duly admitted and investigated by the lower court, and ① the Defendant posted the same comments as the facts charged (hereinafter “instant comments”) on the Internet news article No. D (hereinafter “instant news article”) on November 4, 2017. ② The instant news article was made with regard to the news article that the victim, who is a female female employee, was sexual assaulted from the education officer on the Internet portal bulletin board, and was called “kimchi” in relation to the said article. ③ The term “kimchi” is a victim as well as the negative meaning of “kimchi” as the form and motive of the instant news article that the Defendant posted the instant news article, and the details and abstract method of the Defendant’s expression and evaluation of the instant news article, and it should be seen that the Defendant’s expression and evaluation of the victim’s specific intent would decrease the victim’s expression and expression of the instant news.