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The appeal is dismissed.
Reasons
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 reasons indicated in its reasoning, the lower court is justifiable in its first instance judgment that found the Defendant guilty of all the facts charged in this case.
On the other hand, we did not accept the allegation of the grounds of appeal as to the mistake of facts and misunderstanding of legal principles.
The allegation in the grounds of appeal disputing such judgment of the court below is the purport of disputing the determination of facts, and it is nothing more than representing the judgment of the court of fact-finding on the selection and probative value of evidence, which belongs to the free judgment of the court of fact-finding. In addition, even if examining the reasoning of the judgment below in light of the aforementioned legal principles and relevant legal principles and evidence duly admitted, the judgment of the court below did not exhaust all necessary deliberations as alleged in the grounds of appeal, and did not err by misapprehending the legal principles concerning the purpose and public interest purpose of defamation, or by failing to exhaust all necessary deliberations contrary to logical and empirical rules, or by violating the Act on Promotion of Use of Information and Communications Network and Information Protection, Etc. (Defamation)
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.