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). After undergoing a participatory trial, the first instance court determined to the effect that, on the grounds as stated in its reasoning, the defendant, while recognizing or forecasting the possibility or risk of death of the victim H, who is an infant of 25 months, due to the external shock or low blood shock, etc., continuously assaulting the above victim to cause an internal shock which has a total blood amount of 20 to 25%, and caused the above victim's loss, which is to escape from violence, and that the above victim's second external shock, which is to escape from violence, caused the above victim's loss, and the above victim's willful negligence is recognized since the above victim's second external shock was caused by the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath,

In addition, the appellate court did not accept the allegation of the grounds for appeal concerning mistake of facts on the grounds stated in its reasoning, recognizing that such a judgment of the first instance is justifiable.

The ground of appeal disputing such fact-finding by the lower court is merely an error of the lower court’s determination on the evidence selection and probative value, which belong to the free judgment of the fact-finding court.

In addition, even when examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the relevant legal doctrine as well as the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine as to “accident resulting in death or bodily injury” or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.