The finding of guilt in a criminal trial shall be based on evidence with probative value, which makes it possible for a judge to have the truth that the facts charged are true beyond a reasonable doubt, and if there is no such proof, the conviction cannot be judged even if there is a suspicion of guilt against the defendant.

(See Supreme Court Decision 2001Do2823 Decided August 21, 2001, and Supreme Court Decision 2005Do8675 Decided March 9, 2006, etc.). The lower court, on the grounds indicated in its reasoning, determined that the facts charged in the instant case cannot be deemed to have been proven beyond a reasonable doubt, and reversed the first instance judgment convicting the Defendant, and acquitted the Defendant.

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 if examining the reasoning of the lower judgment in light of the above legal doctrine and the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on defamation.

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