The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. Summary of grounds for appeal;

A. In fact, the Defendant made a talk to the effect that the victim should not speak the victim’s insulting speech, and that the victim should work as the victim’s chest. However, the lower court found the Defendant guilty of the facts charged in this case. The lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. In light of the overall sentencing conditions of the instant case, the lower court’s punishment (fine of KRW 500,000) is too unreasonable.

2. Determination

A. The insult as referred to in the offense of insult of a mistake of fact-finding is an expression of an abstract judgment or satisfic sentiment that could undermine the people’s social evaluation without mentioning the fact.

According to the evidence duly adopted and examined by the court below as to the instant case, it is reasonable to recognize the fact that the Defendant referred to the victim as “unfavorable gue, satise” as stated in the instant facts charged, and such expression is an insulting speech that may damage the social evaluation of the victim. Therefore, the Defendant’s assertion of mistake of facts is without merit.

B. The Defendant’s judgment on the assertion of unfair sentencing did not appear to have made an insulting speech as to the operation of apartment management fees in the course of a dispute, which led to an insulting speech as to the instant case, and in light of the Defendant’s remarks at the time of the Defendant’s remarks, and that the insulting speech did not appear to have increased in proportion to the insulting speech. In full view of all the sentencing conditions of the Defendant’s age, character and behavior, environment, background and consequence of the instant crime, and circumstances after the crime, etc., including the Defendant’s age, character and environment, the background and consequence of the instant crime, the circumstances after the crime, etc.

3. Accordingly, the defendant's appeal is justified.