The appeal is dismissed.

The grounds of appeal are examined.

The allegation in the grounds of appeal is that the court below erred by finding erroneous facts and by misapprehending the legal principles as to the establishment of the crime, although there was no fact that the defendant made a statement in the facts charged or there was no intention or public performance or possibility of spreading defamation.

However, the recognition of facts and the selection and evaluation of evidence, which are the premise thereof, belong to the exclusive authority of the fact-finding court unless it exceeds the limit of the free evaluation of evidence

The judgment below

In light of the records, the court below cannot find out the grounds that the court below exceeded the limit of the principle of free evaluation of evidence, and there is no illegality in the misapprehension of legal principles as to the establishment of the above crime.

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