The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

The publication of this case by the Defendant of the misapprehension of the legal principle constitutes an act to inform the executives of the DD prosperity Association of the unlawful act and to correct it, and thus, it does not violate the social rules, and thus, the illegality is excluded by Article 20 of the Criminal Act.

Nevertheless, the court below erred by misapprehending the legal principles that convicted the Defendant of the facts charged of this case, thereby affecting the conclusion of the judgment.

The sentence of unfair sentencing (one million won of fine) by the court below is too unreasonable.

Judgment

The offense of insult as to the assertion of misapprehension of the legal doctrine is an expression of an abstract judgment or a sacrific sentiment that may undermine a person’s social evaluation without a statement of fact. Even in a case where a certain article contains a judgment or an expression of opinion that contains an insulting expression, if such expression can be deemed an act that does not contravene the social norms in light of the sound social norms of the era, illegality is excluded exceptionally pursuant to Article 20 of the Criminal Act (see, e.g., Supreme Court Decision 2008Do1433, Jul. 10, 2008). Even in a case where a certain writing or statement contains an insulting expression, even if such an expression contains an insulting expression, it may be deemed unlawful as an act that does not violate the social rules, unless there are any special circumstances, if it is merely a part of insulting expression in the process of emphasizing that one’s judgment or opinion is reasonable.

(see, e.g., Supreme Court Decision 2007Do9411, Feb. 28, 2008). However, in a case where an insulting expression is partially mixed in the context of a signature or statement, the motive, circumstance, background, and background during which the writing or statement was made.