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, acceptable the first instance judgment that found the Defendant guilty of the facts charged of this case.

On the other hand, we did not accept the grounds of appeal for mistake of facts.

The allegation in the grounds of appeal is the purport of disputing the determination of facts by the lower court, which is the free judgment of the fact-finding court, and is merely an error of the lower court’s determination of evidence selection and probative value. 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 in its judgment by failing to exhaust all necessary deliberations beyond the bounds of free conviction doctrine in violation of logical and empirical rules, or by misapprehending the legal doctrine on indecent act in a densely

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