The judgment below

Examining the evidence duly adopted by the first instance court, the lower court’s determination that the Defendant was guilty of defamation (except for the part without charge) among the facts charged in the instant case on the grounds stated in its reasoning is justifiable. In so doing, contrary to what is alleged in the grounds of appeal, the lower court 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 doctrine on the statement of facts, public performance, and the grounds for denying illegality under Article 310 of the Criminal Act

In addition, the defendant's allegation of misunderstanding the facts about insult of the grounds for appeal is a new argument that did not appeal from the original court, and thus, it cannot be a legitimate ground for appeal.

Meanwhile, pursuant to Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence is imposed against the Defendant, the argument that the Defendant’s punishment is too unreasonable is not a legitimate appeal.

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