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 first instance court found the Defendant guilty of the instant facts charged and did not accept the assertion of the Defendant and the defense counsel disputing the facts charged, and the lower court rejected the allegation in the grounds of appeal as to mistake of facts or misapprehension of legal principles on the grounds stated in its reasoning

The allegation in the grounds of appeal is merely an error in the judgment of the court below as to the choice of evidence and probative value, which belong to the free judgment of the court of fact-finding.

In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not exhaust all necessary deliberations, contrary to what is alleged in the grounds of appeal, and did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, by misapprehending the legal doctrine on the meaning of accusation and the degree of proof

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