The Defendant’s assertion in the grounds of appeal is that the text message and the voice message sent by the Defendant regarding the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and defamation among the facts charged in the instant case did not cause fears of fears and apprehensions to the victim, and that Q did not speak as stated in the facts charged, and even if the message was not false even if it was said that it was false, the lower court convicted the Defendant by conducting an erroneous fact-finding. The purport is that this is unlawful

However, the recognition of facts and the selection and evaluation of evidence conducted on the premise thereof are within the discretionary power of the fact-finding court unless it exceeds the limit of the free evaluation of evidence.

The judgment below

In light of the reasons and records, the fact-finding by the court below is not recognized to have exceeded the bounds of the principle of free evaluation of evidence against logical and empirical rules.

Therefore, the above argument in the grounds of appeal is merely to criticize the matters falling under the exclusive authority of the court below, and it does not constitute a legitimate ground of appeal.

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