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 court below rejected the grounds for appeal as to the mistake of facts and misapprehension of legal principles, on the grounds as stated in its decision of the court of first instance, judged that the defendant could recognize the fact that he has sexual intercourse after suppressing the victim's resistance, and rejected the grounds for appeal.

The allegation in the grounds of appeal disputing such determination by the court below is merely an error of the judgment of the court of fact-finding as to the selection of evidence and probative value which belong to the free judgment of the court of fact-finding. In light of the evidence duly admitted, the court below did not err in its judgment by failing to exhaust all necessary deliberations in violation of logical and empirical rules, or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on the degree of proof necessary for conviction, assault and threat of

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