The defendant's appeal is dismissed.

1. In full view of the summary of the grounds for appeal (definite or misunderstanding of legal principles) and the relationship between the Defendant and the victim, the details and frequency of the Defendant’s statement, the meaning and overall context of the statement, the place where the statement was made and the circumstances before and after the statement, etc., the Defendant’s statement made to the victim cannot be deemed objectively to constitute an insulting speech that may undermine the social assessment of the victim’

Even if the Defendant’s speech constitutes an insulting expression

Even if the defendant made a statement to the victim, it constitutes legitimate self-defense or legitimate act as a claim to escape from the current illegal infringement due to illegal arrest of the victim.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous in misapprehension of legal principles.

2. Determination

A. The offense of insult is established when the Defendant’s speech constitutes insult (Article 311 of the Criminal Act). The legal interest protected by the law is the external reputation that means a social evaluation of human value. Here, the expression of an abstract judgment or a sacrific sentiment that may undermine the people’s social assessment without revealing facts (see, e.g., Supreme Court Decisions 2003Do3972, Nov. 28, 2003; 2016Do9674, Oct. 13, 2016). 2) In light of the foregoing legal principle, the instant case is an offense established when the Defendant’s statement is openly insulting a person (see, e.g., Supreme Court Decision 31 of the Criminal Act). In other words, (i) whether the Defendant’s statement was made, i.e., whether the Defendant’s statement in front of the Defendant’s statement to the victim, i.e., whether the Defendant’s statement was made, i., the Defendant’s expression of the victim.