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). For reasons indicated in its reasoning, the lower court determined that the Defendant made a false testimony contrary to memory as stated in the judgment of the first instance court, and rejected the allegation in the grounds of appeal concerning mistake of facts.

The allegation in the grounds of appeal is merely an error in the judgment of the court below as to the choice of evidence and probative value, which belong to the free judgment of the court of fact-finding.

In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine 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 establishment of perjury and the degree of proof necessary for conviction

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