For the reasons indicated in its reasoning, the lower court determined that allowing the Defendant to remove the banner of this case constitutes a justifiable act as provided in Article 20 of the Criminal Act, and reversed the judgment of the first instance which convicted the Defendant, and sentenced the Defendant not guilty.

Examining the reasoning of the lower judgment in light of the relevant legal principles and records, the lower court’s aforementioned determination is acceptable, and contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal doctrine on justifiable acts.

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

Justices Kim Jong-il

Note - Lee Ki-taik-

Justices Park Il-san