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 preparation of evidence and the 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 lower court, on the grounds stated in its reasoning, may recognize that the Defendant committed a theft that excludes the victim from the possession of the victim’s medical certificate.

The judgment of the court of first instance which acquitted this part of the facts charged is reversed and found guilty.

The allegation in the grounds of appeal disputing the determination of the lower court is merely an error of the lower court’s determination on the selection and probative value of evidence, which substantially belongs to the free judgment of the fact-finding court. 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 by misapprehending the legal doctrine on the principle of trial on evidence, failing to exhaust all necessary deliberations, or exceeding the bounds of the principle of free evaluation of evidence contrary to logical and empirical rules, contrary

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