For the reasons indicated in its holding, the lower court, on the grounds indicated in its reasoning, acknowledged the Defendant’s intentional intent concerning the facts charged of defamation caused by the publication of the instant case, and judged that the Defendant’s act was difficult to be deemed a justifiable act, and upheld the first instance judgment without accepting the Defendant’s allegation in the grounds of appeal as to the mistake of facts or misapprehension of the legal doctrine,

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the determination of the selection and probative value of evidence conducted on the premise of fact-finding belongs to the discretion of the fact-finding court unless it exceeds the bounds of the principle of free evaluation of evidence.

(2) In light of the aforementioned legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of logic and experience and free evaluation of evidence, exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal principles on intentional act in defamation, the grounds for excluding illegality under Article 310 of the Criminal Act, and the justifiable act under Article 20 of the Criminal Act, which affected

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