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 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 writing posted by the Defendant like the offense of violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) in the judgment of the first instance is different from the facts, and that it cannot be deemed that it was merely an cruel or somewhat exaggerated expression in light of the overall contents, and that the expression of the article posted by the Defendant as the offense of insult in the judgment of the first instance constitutes an ambiguous expression that may damage the social assessment of the victim, and rejected the grounds for appeal for erroneous determination of facts and misapprehension

The ground of appeal that such a determination by the lower court is erroneous is merely an error of the lower court’s determination on the evidence selection and probative value, which belong to the free judgment by 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 violation of the above Act (defensivement) and the justifiable act, or by exceeding the bounds of the principle of

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