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.

(2) As to the insulting part of the facts charged in this case, the lower court reversed the first instance judgment convicting the Defendant of all the facts charged in this case, and acquitted the Defendant, on the following grounds: (1) as to the part of violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) from among the facts charged in this case (see, e.g., Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2005Do8675, Mar. 9, 2006).

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 aforementioned legal doctrine and the record, the lower court did not exhaust all necessary deliberations and did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine as to the elements of insult in the crime of violating the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) and the purpose of

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