The appeal is dismissed.

The grounds of appeal are examined.

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 preparation of evidence and the 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 lower court acknowledged that (1) the Defendant made a statement that could cause confusion as to the country of origin, and determined that the above act of the Defendant does not constitute a justifiable act, and rejected the Defendant’s appeal as to the mistake of facts or misapprehension of the legal doctrine.

Of the grounds of appeal, the allegation that the lower court’s determination was reached on the basis of such determination is merely an error of the lower court’s determination on the selection of evidence and probative value, which belong to the free judgment of the fact-finding court. Moreover, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine

Other grounds for appeal by the defendant do not constitute legitimate grounds for appeal under Article 383 of the Criminal Procedure Act.

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