The appeal is dismissed.

The grounds of appeal are examined.

The Defendant’s argument in the grounds of appeal is that there is a justifiable reason to believe that the Defendant’s speech content is true or true even if it is not true, and furthermore, the Defendant’s act is for the public interest and thus the illegality under Article 310 of the Criminal Act is dismissed, but the lower court erred in its determination or by misapprehending the legal doctrine on Article 310 of the Criminal Act, thereby making a guilty verdict of the Defendant.

However, the recognition of facts and the selection and evaluation of evidence conducted on the premise thereof are within the discretionary power of the fact-finding court unless it exceeds the limit of the free evaluation of evidence.

The judgment below

Even if examining the reasoning of the judgment below in light of the record, it cannot be found that the judgment below exceeded the bounds of the principle of free evaluation of evidence, and there is no illegality of misapprehending the legal principles as to Article 310 of the Criminal Act.

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