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 indicated in its reasoning, determined that the Defendant issued a philopon to E, and rejected the allegation in the grounds of appeal for mistake of facts disputing this.

The allegation in the grounds of appeal disputing the credibility of the statements by the witnesses is merely an error of the lower court’s judgment on the selection and probative value of evidence, which belongs to the free judgment of the fact-finding court.

In addition, even if examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on the presumption of innocence, thereby failing to exhaust all necessary deliberations or exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules

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