The establishment of facts constituting a crime must be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act), and the preparation of evidence and the 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). The lower court determined that the first instance judgment that acquitted the facts charged of the instant case on the grounds stated in its reasoning did not err by misapprehending the facts alleged by the prosecutor on the grounds of appeal, and upheld the first instance judgment.

The ground of appeal disputing the lower court’s factual recognition is merely misunderstanding the lower court’s determination on the evidence selection and probative value, which actually belongs to the free judgment of the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the record, the lower court did not err by misapprehending the legal doctrine regarding intentional intent, unlawful acquisition and intent, and Article 16 of the Criminal Act, or by exceeding the bounds of the principle of free evaluation, contrary

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