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). Based on its stated reasoning, the lower court determined that the Defendant could recognize the fact that the instant construction was a business owner who received sewage, and rejected the allegation in the grounds of appeal for mistake of facts.

The allegation in the grounds of appeal of this case, which misleads legal principles and misleads facts, is nothing more than a dispute over the judgment of the court below on the selection and probative value of evidence, which belongs to the free judgment of the

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 failing to exhaust all necessary deliberations beyond the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the responsibility under the Occupational Safety and Health Act and the subject of occupational

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