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 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). For the reasons stated in its reasoning, the lower court recognized that the victim’s statement was reliable, and recognized that the first instance judgment, which was all convicted of the facts constituting the first instance judgment, was justifiable, 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 the lower court’s fact-finding, and is merely an error in the determination of the lower court’s choice of evidence and probative value, which belong to the free judgment of the fact-finding court. In addition, even when examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not exhaust all necessary deliberations as alleged in the grounds of appeal, but did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

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