The appeal is dismissed.

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning, the lower court was justifiable to have found the Defendant guilty of the facts charged of the instant case (excluding the part dismissing prosecution) on the grounds stated in its reasoning. In so doing, it did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine

Meanwhile, the investigation procedure against the defendant is unlawful

The argument that the lower court erred by misapprehending the legal principles as to the accusation in the offense of insult, or omitting judgment as to the mistake of law under Article 16 of the Criminal Act is not a legitimate ground of appeal, as it is alleged in the ground of appeal that the Defendant did not regard it as the ground of appeal or that it did not make it subject to judgment ex officio.

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