1. The acknowledgement of facts against the accused case shall reach the level of proof with 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). Based on its stated reasoning, the lower court convicted the Defendant and the person requesting an attachment order (hereinafter “Defendant”) of all similar rape, bodily injury and robbery among the ancillary charges of this case.

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 err in its judgment by exceeding the bounds of the principle of free evaluation of evidence, thereby adversely affecting the conclusion of the judgment as to the intent of acquisition in the crime of injury by rape

Meanwhile, the Defendant appealed to the remaining guilty portion of the judgment below, but the Defendant did not state the grounds for appeal in the petition of appeal and did not state the grounds for objection in the appellate brief.

2. With respect to the case for which the request for attachment order is filed, a final appeal shall be deemed filed against the case for which the defendant files a final appeal regarding the case for which the attachment order is requested.

However, there is no entry of reasons in the petition of appeal and there is no entry of reasons for objection in the statement of appeal.

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