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 indicated in its reasoning, the lower court determined that the Defendant’s vehicle was out of the site without taking relief measures against the victims, and rejected the allegation of the grounds for appeal as to mistake of facts alleged therein.

The ground of appeal of this case is merely an error of the judgment of the court below as to the selection of evidence and probative value, which belong to the free judgment of the fact-finding court. In light of the evidence duly admitted, the judgment below did not err by exceeding the bounds of the principle of free evaluation of evidence.

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