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 as indicated in its reasoning, the court below rejected the grounds for appeal concerning mistake of facts.

The allegation in the grounds of appeal is merely an error of the judgment of the court below concerning the choice of evidence and probative value of the victim's statement, etc., which belongs to the free judgment of the fact-finding court. In light of the aforementioned legal principles and the evidence duly admitted, the court below did not err in its judgment by exceeding the bounds of the principle

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