The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although there was a fact that the defendant misunderstanding of facts and misapprehension of legal principles posted the same article as the facts constituting the crime in the judgment of the court below, there was no intention of insult, not a content likely to undermine the social value or evaluation of the victim.

Even if not, this paper points out the problems of the victim who is the party to the church dispute and posts it to share with the members of the same purport as the defendant, and it constitutes a justifiable act that does not violate the social norms.

Nevertheless, the judgment of the court below which convicted the defendant on a different premise is erroneous or erroneous in the misapprehension of legal principles.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 700,000) is too unreasonable.

2. Determination

A. Determination 1 on the assertion of misunderstanding of facts and misapprehension of the legal doctrine is a crime established when a person is openly insulting (Article 311 of the Criminal Act), and an external reputation, which means a social evaluation of a person’s value, is a legal interest to protect the person’s external reputation. Here, the term “absing” refers to expressing an abstract judgment or anti-abruptive sentiment that may undermine the people’s social evaluation without indicating the fact.

In addition, the crime of insult is established by openly expressing an abstract judgment or sacrific sentiment that may undermine the external reputation of the victim. Thus, the victim’s external reputation does not have to be practically infringed or specific and practically infringed (see Supreme Court Decision 2016Do9674, Oct. 13, 2016). Meanwhile, “act that does not violate the social norms” prescribed in Article 20 of the Criminal Act refers to an act that may be acceptable in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and therefore, in order for a certain act to constitute a legitimate act, the motive or purpose of the act is to be committed.