2020Do9755 National Flag Germany

A

Prosecutor

Seoul Central District Court Decision 2016No833 Decided July 10, 2020

October 29, 2020

The appeal is dismissed.

The grounds of appeal are examined.

For reasons indicated in its holding, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that the evidence alone submitted by the prosecutor with respect to the part of the facts charged in the instant case, which found the Republic of Korea not guilty, cannot be deemed to have been proven beyond reasonable doubt.

Examining the record in accordance with the relevant legal doctrine, 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 purpose of insulting the Republic of Korea” in the crime of national flag Mono

The prosecutor shall not state in the petition of appeal or the appellate brief concerning the convicted part of the judgment of the court below the grounds for objection against it.

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

Justices Min You-sook

Justices Kim Jae-hyung

Justices Lee Dong-won

Chief Justice Noh Tae-ok