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). The lower court, on the grounds stated in its reasoning, acknowledged the first instance judgment convicting of the criminal facts in the judgment of the first instance court, and rejected the allegation of the grounds for appeal as to mistake of facts and misapprehension of the legal doctrine.

The allegation in the grounds of appeal is the purport of disputing the determination of facts by the lower court, and is merely an error of the lower court’s determination as to the selection of evidence and probative value, which belong to the free judgment by the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, nor by exceeding

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