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 set out in its reasoning, the lower court rejected the allegation in the grounds of appeal as to mistake of facts and misapprehension of legal principles, on the following grounds: (a) it is recognized that the facts alleged by the Defendant were false, and that there was a purpose to defame the victim; and (b) it is determined that Article 310 of the Criminal Act cannot be applied to such Defendant’

The grounds of appeal are the purport of disputing the fact-finding, which is the basis of the judgment of the court of fact-finding, and is merely an error of the judgment of the court below as to the selection and probative value of evidence belonging to the free judgment

In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the relevant legal doctrine as seen in the lower judgment and the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the grounds for illegality

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