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 set out in its reasoning, the court below rejected the grounds for appeal by mistake of facts or misapprehension of legal principles on the judgment that the victim suffered an injury due to the defendant's occupational negligence.

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, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal doctrine on negligence and causation.

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