Criminal facts shall be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). The choice 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). On the grounds indicated in its reasoning, the court below rejected the prosecutor’s allegation in the grounds of appeal on this point, recognizing the first instance court’s determination that the Defendants’ act of this case is true as it concerns public interest, and thus,

The allegation in the grounds of appeal is merely an error in the judgment of the court below as to the choice of evidence and probative value, which belong to the free judgment of the court of fact-finding.

In addition, even after examining the reasoning of the lower judgment in light of the above legal doctrine and the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the legal doctrine on the grounds for excluding the illegality of defamation.

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