lower court held that the offense of defamation and the offense of insult were both established. In so determining, it erred by misapprehending the legal principle regarding victims of defamation and insult, thereby adversely affecting the conclusion of the judgment. 2. We examine the grounds of appeal by the Defendant charged with insulting the Governor of Goheung County. Based on its stated reasoning, the lower court determined that: (i) the offense of insult was established as the Defendant’s aforementioned online postings were derogatory remarks about an individual, the Governor of Goheung County (hereinafter “Nonindicted Party”); and (ii) the Defendant’s act could not be deemed permissible in light of socially accepted rules or constituting a ground for precluding illegality. Subsequently, it upheld the first instance judgment that found the Defendant guilty of the offense of insulting the Nonindicted Party among the facts charged in the instant case. Examining the reasoning of the lower judgment in light of the evidence, the lower court, contrary to what is alleged in the ground of appeal, did not err by either misinterpreting the facts going against empirical and logical rules or misapprehending the legal principle regarding the grounds for barring illegality, thereby adversely affecting the conclusion of the judgment. 3. Of the lower judgment, the part as to the conviction of the Defendant for the offense of defamation and the offense of insult is reversed. Provided, inasmuch as the first instance judgment, upheld by the lower court, rendered a single sentence on the ground that the two offenses and the remaining criminal facts were either concurrent or compound crimes under the proviso of Article 37 of the Criminal Act, the lower court’s judgment is reversed in its entirety. 4. Therefore, without further proceeding to decide on the remaining grounds of appeal, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench. Justices Lee Ki-taik (Presiding Justice) Kim Yong-deok Kim Shin (Justice in charge) Kim So-young

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