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). The lower court, on the grounds stated in its reasoning, is justifiable in the first instance judgment convicting the instant facts charged.

On the other hand, the grounds of appeal as to mistake of facts or misunderstanding of legal principles were rejected.

The allegation in the grounds of appeal is the purport of disputing the determination of facts by the court of fact-finding, and it is merely erroneous for the judgment of the court below on the selection and probative value of evidence, which belong to the free judgment of the court of fact-finding. In addition, even if examining the reasoning of the judgment below in light of the aforementioned legal principles and the evidence duly admitted, the judgment of the court below did not err by infringing the defendant's right to claim a trial guaranteed by the Constitution

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