Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and probative value of evidence conducted on the premise of fact finding belong to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). For the reasons indicated in its reasoning, the court below rejected the grounds for appeal as to the mistake of facts or misapprehension of legal principles by determining that the defendant publicly insultingd the victim as criminal facts of the court of first instance.

The allegation in the grounds of appeal is merely an error of the judgment of the court below as to the selection and probative value of evidence belonging to the free judgment of the court of fact-finding, and the reasoning of the judgment below is examined in light of the evidence duly admitted, the judgment below did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles as to the offense of insult,

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.