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 reasons stated in its reasoning, the lower court determined that the remainder of the facts charged in the instant case, excluding the damage of property and similar rape on the date of December 2016, was guilty, and rejected the Defendant’s allegation of grounds for appeal as to mistake of facts and misapprehension of legal doctrine.

Of the grounds of appeal, the argument disputing such determination by the lower court is merely merely an error of the lower court’s determination on the selection of evidence and probative value, which belong to the free judgment by 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 err by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the relevant legal doctrine

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