Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have determined that the instant facts charged was guilty on the grounds stated in its reasoning, and did not err by misapprehending the legal doctrine on legitimate acts.

In addition, the argument that the court below erred in the misapprehension of legal principles as to the offense of insult is not a legitimate ground for appeal, which is alleged in the ground of appeal by the defendant, or by the court below that the defendant did not consider it as a subject of judgment ex officio.

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

Justices Lee In-bok

Justices Kim Gin-young

State Justice Lee Ki-taik-taik