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 the guilty of criminal facts in the first instance judgment and rejected the Defendant’s claim as to the defense of a political party and legitimate act, and rejected the grounds for appeal as to the Defendant’s mistake.

The allegation in the grounds of appeal is merely an error of the lower court’s determination on the evidence selection and probative value as the purport of disputing the lower court’s factual recognition. Moreover, even if examining the reasoning of the lower judgment in light of the evidence and the record duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the defense of a political party or legitimate act, contrary to what

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