The appeal is dismissed.

The grounds of appeal are examined.

The conviction in a criminal trial shall be based on evidence with probative value sufficient for a judge to have a reasonable doubt that the facts charged are true, and if there is no such proof, even if there is no doubt as to the defendant's conviction, the conviction cannot be judged as guilty (see, e.g., Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2005Do8675, Mar. 9, 2006). For the reasons indicated in its reasoning, the lower court determined that the facts charged in the instant case constitute a case where there is no proof of a crime, and reversed the first instance judgment that found the defendant guilty, and sentenced the Defendant not guilty.

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. In addition, even when examining the reasoning of the lower judgment in light of the aforementioned legal principles and records, the lower court did not err in its judgment by misapprehending the legal doctrine on the statement and performance of specific facts that defames reputation

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