The appeal is dismissed.

The grounds of appeal are examined.

Of the facts charged of defamation by false accusation as provided in Article 307(2) of the Criminal Act, the facts charged of defamation by factual accusation as provided in Article 307(1) include the facts charged of defamation by factual accusation. In a case where the facts alleged as false are charged for defamation by the above false accusation, if there is no proof of falsity, the court may recognize the above factual defamation ex officio

(2) Article 307(2) of the Criminal Procedure Act provides that “The court shall have jurisdiction over the preparation and choice of evidence and probative value based on the premise of fact-finding” (see, e.g., Supreme Court Decisions 2007Do1220, Oct. 9, 2008; 2007Do1220, Oct. 9, 2008).”

(1) On the grounds indicated in its reasoning, the court below held that the crime of defamation by a false statement of facts is not established as to the facts charged in this case. (2) On the other hand, the article of the content certification of this case can be seen as a statement of fact that defames the victim's reputation, which is recognized as having a possibility of dissemination, and it is difficult to view it as an exclusive purpose of public interest.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the above judgment of the court below is based on the legal principles as seen earlier. In so doing, it did not err by misapprehending the legal principles on the possibility of spreading and performing defamation, the grounds for excluding the illegality of Article 310 of the Criminal Act, changes in indictment and exercise of defense rights, exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or omitting

Therefore, the appeal is dismissed. It is so decided as per Disposition.