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 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 stated in its reasoning, the lower court determined that the facts constituting the same crime as those stated in the first instance judgment are recognized, and thus, rejected the grounds for appeal by misunderstanding the facts or misapprehending the legal doctrine.

The allegation in the grounds of appeal is the purport of disputing the determination of the lower court’s fact-finding, and is merely an error of the lower court’s determination on the selection and probative value of evidence belonging to the free judgment of the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the relevant legal doctrine as well as the duly admitted evidence, the lower court did not err by exceeding the bounds of the free evaluation of evidence contrary to logical and empirical rules, or by misapprehending the legal doctrine on the public performance of insult, as

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