The appeal is dismissed.

The grounds of appeal are examined.

Criminal facts must be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). 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 reversed the first instance judgment convicting the Defendant, and acquitted the Defendant on the ground that it is difficult to view that the fact that the Defendant had damaged the reputation of the victim by openly pointing out false facts was proven beyond reasonable doubt.

The allegation in the grounds of appeal that such a determination by the lower court is unlawful is merely an error of the lower court’s determination on 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 aforementioned legal doctrine and the relevant legal doctrine and the record, the lower court did not err in its judgment by misapprehending the legal doctrine on defamation or by exceeding the bounds of the principle of free evaluation of evidence against logical

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