The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the defendant's publication of the same article as the entries in the facts charged in this case on the Internet site constitutes an act to inform the truth to the members of the C religious organization and to correct the church, which does not violate the social rules, and thus the illegality is excluded under Article 20 of the Criminal Act, but the court below convicted the defendant of the facts charged in this case, which affected the conclusion of the judgment by misapprehending legal principles.

2. Determination

A. The offense of insult as referred to in the relevant legal doctrine does not state a fact, and expresses an abstract judgment or a sacrific sentiment that may undermine a person’s social evaluation. Even in the case where an article contains such insulting expressions, in light of the motive, circumstance, and background behind posting the article, overall purport of the article, specific method of expression, logical and objective objective of the presumed fact, the degree of such insulting expressions in the whole article’s portion of the facts as well as their overall relation with their overall contents, etc., on the premise that the article is objectively reasonable, and on the premise that it is objectively reasonable, its opinion on its factual basis or related issues, and the attitude the victim suffered is merely a use of partially insulting expressions in the process of emphasizing its judgment and opinion reasonable, barring any other special circumstances, it shall be deemed unlawful as an act contrary to social norms, and thus, it shall be deemed that the other party’s personality should be respected by Article 20 of the Criminal Act (see, e.g., Supreme Court Decision 2003Do328, Nov. 28, 2003).