The appeal is dismissed.

The grounds of appeal are examined.

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 preparation of evidence and the 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). For the reasons stated in its reasoning, the lower court determined that the horses of the Defendant, like the defamation crime in the first instance judgment, are the horses that impair the reputation of the victim, and thus, the intention and performance of the Defendant is recognized, and determined to the effect that the first instance judgment was justifiable to recognize the fact that the Defendant made a false statement, such as the perjury in the first instance judgment, and rejected all the grounds for appeal as to the mistake or misapprehension of the legal doctrine of the Defendant.

The allegation in the grounds of appeal is the purport of disputing the determination of the lower court’s fact-finding, and is merely an error in the determination of the lower court’s choice of evidence and probative value, which belong to the free judgment of the fact-finding court. Moreover, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine, relevant legal doctrine as indicated in the lower judgment, and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, thereby exceeding the bounds of the principle of free evaluation of evidence, or by failing

The Supreme Court precedents cited on the grounds of appeal are different from the instant case, and thus are inappropriate to be invoked in the instant case.

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