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 rejected the grounds of appeal as to the mistake of facts and misapprehension of legal principles on the determination that the contents of the instant notification are false facts that are not consistent with objective facts, and that the preparation and delivery of the instant notification do not constitute a justifiable act.

The allegation in the grounds of appeal is merely an error in the lower court’s decision on the selection and probative value of evidence belonging to the free judgment of the fact-finding court, which is the purport of disputing such fact-finding by

In addition, while examining the reasoning of the lower judgment in light of the aforementioned legal principles and the relevant legal principles as well as the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal principles on the demand for consent and legitimate act as prescribed by the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents

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