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 selection of evidence and probative value of evidence conducted on the premise of fact finding belong to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). On the grounds indicated in its reasoning, the lower court determined that the performance of defamation was recognized, based on the fact that the Defendant intentionally alleged false facts against the victim, and that the space where the Defendant alleged false facts against the victim was in a situation where many people could recognize the alleged facts, and thus, rejected the Defendant’s allegation in the grounds of appeal as to mistake of facts and misapprehension

The ground of appeal disputing such fact-finding by the lower court is merely an error of the lower court’s determination on the evidence selection and probative value, which belong to the free judgment of the fact-finding court.

In addition, even if examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine regarding the intentional act, statement of fact, and performance in the crime of defamation, or by exceeding the bounds of the principle of free evaluation of evidence in violation

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