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 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). For the reasons stated in its reasoning, the lower court determined that the Defendant detained the victim as stated in the first instance judgment and raped the victim, and rejected the allegation of the grounds for appeal as to mistake of facts.

The allegation in the grounds of appeal is the purport of disputing the determination of facts by the lower court, and it is merely erroneous for the lower court’s determination on the selection of evidence and probative value, which belong to the free judgment of the fact-finding court. While examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the relevant legal principles as stated in the lower judgment and the duly admitted evidence, the lower court did not err in its judgment by exceeding the bounds of

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