For the reasons indicated in its holding, the lower court recognized that the Defendant’s defamation of a victim by pointing out false facts with the intent to defame the victim, and determined that Article 310 of the Criminal Act concerning the denial of illegality cannot be applied to defamation via information and communications networks, and rejected the allegation in the grounds of appeal as to mistake of facts and misapprehension

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence or by misapprehending the legal doctrine on the exclusion of illegality, as alleged in the grounds of appeal.

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