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 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). The lower court, on the grounds indicated in its reasoning, determined that the first instance court’s judgment, which recognized that the victim of the insult of this case was specified and recognized as a performance, was justifiable, rejected the allegation in the grounds of appeal concerning mistake of facts and misapprehension

The ground of appeal disputing the fact-finding of the lower court is merely an error of the lower court’s determination on the evidence selection and probative value, which actually belongs to the free judgment of the fact-finding court.

In addition, even if examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the victim’s specificness and public performance in the crime of insult

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is permitted. As such, in this case where a fine is imposed against the Defendant, the argument that the determination of the sentence by the court below is unfair, including that it violates equality compared to the outcome of the disposition in G

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