lower court held that the offense of defamation and the offense of insult were
both established. In so determining, it erred by misapprehending the legal
principle regarding victims of defamation and insult, thereby adversely affecting
the conclusion of the judgment.
2. We examine the grounds of appeal by the Defendant charged with insulting
the Governor of Goheung County.
Based on its stated reasoning, the lower court determined that: (i) the offense of
insult was established as the Defendant’s aforementioned online postings were
derogatory remarks about an individual, the Governor of Goheung County
(hereinafter “Nonindicted Party”); and (ii) the Defendant’s act could not be
deemed permissible in light of socially accepted rules or constituting a ground for
precluding illegality. Subsequently, it upheld the first instance judgment that
found the Defendant guilty of the offense of insulting the Nonindicted Party
among the facts charged in the instant case.
Examining the reasoning of the lower judgment in light of the evidence, the
lower court, contrary to what is alleged in the ground of appeal, did not err by
either misinterpreting the facts going against empirical and logical rules or
misapprehending the legal principle regarding the grounds for barring illegality,
thereby adversely affecting the conclusion of the judgment.
3. Of the lower judgment, the part as to the conviction of the Defendant for the
offense of defamation and the offense of insult is reversed. Provided, inasmuch
as the first instance judgment, upheld by the lower court, rendered a single
sentence on the ground that the two offenses and the remaining criminal facts
were either concurrent or compound crimes under the proviso of Article 37 of the
Criminal Act, the lower court’s judgment is reversed in its entirety.
4. Therefore, without further proceeding to decide on the remaining grounds of
appeal, the lower judgment is reversed, and the case is remanded to the lower
court for further proceedings consistent with this Opinion. It is so decided as per
Disposition by the assent of all participating Justices on the bench.
Justices
Lee Ki-taik (Presiding Justice)
Kim Yong-deok
Kim Shin (Justice in charge)
Kim So-young
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