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). For the reasons stated in its reasoning, the lower court, based on the reasons indicated in its reasoning, can find that the body of the victim, which may cause sexual humiliation or sense of shame by using mobile phone camera functions, was taken against the victim’s will.

The judgment of the court of first instance which found the Defendant not guilty of the facts charged of this case is reversed and found guilty.

The allegation in the grounds of appeal disputing the aforementioned determination by the lower court is merely an error of the lower court’s determination on the selection and probative value of evidence, which actually belongs to the lower court’s free judgment. In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the duly admitted evidence, the lower court did not err by exceeding the bounds of free conviction due to breach of logical and empirical rules, or by misapprehending the legal doctrine on “the body of another person, which may cause sexual humiliation or shame,” as alleged in the grounds of appeal.

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