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). On the grounds set out in its reasoning, the lower court rejected the Defendant’s allegation in the grounds of appeal as to mistake of facts, by determining that the Defendant committed an indecent act by force against the victim, as

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.

Furthermore, even if examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not exhaust all necessary deliberations, but did not err by misapprehending the legal doctrine regarding the principle of evidence judgment, or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical

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