Criminal facts shall be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). The choice 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). For reasons indicated in its reasoning, the court below rejected the prosecutor's allegation in the grounds of appeal as to mistake of facts, on the ground that the first instance judgment was justifiable, which judged that it is difficult to recognize that the defendant delayed the performance of the stone supply contract under the contract with the victims, and that it was difficult to recognize that

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 above legal doctrine and the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the criminal intent of

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