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 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). Based on the reasons stated in its reasoning, the lower court acknowledged the guilty of the facts charged in the instant case, and recognized the first instance judgment which rejected the Defendant’s assertion asserting that there was no reasonable doubt.

The grounds of appeal purporting to the effect that the lower court’s determination is based on the facts alleged in the lower court’s judgment are nothing more than denying the lower court’s determination on the selection of evidence and probative value, and 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 exceeding the bounds of free evaluation of evidence, contrary to what is alleged in the grounds of appeal, by exceeding the bounds of logical and empirical rules, or by misapprehending the legal doctrine

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