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 determined that the Defendant, as stated in the judgment of the first instance court, committed an assault while putting a police officer D’s desire to do so, and rejected the allegation in the grounds of appeal for mistake of facts that asserted this.

The allegation in the grounds of appeal disputing such judgment of the court below is merely an error of the judgment on the evidence selection and probative value which belong to the free judgment of the court of fact-finding, and the judgment of the court below is not erroneous in the misapprehension of the principle of free evaluation of evidence even if examining the reasoning of the judgment below

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