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). For the reasons stated in its reasoning, the lower court determined that the instant facts charged against the Defendant were recognized, and rejected the grounds for appeal for fact-misunderstanding.

The grounds of appeal are the purport of disputing the determination of facts by the lower court, and it is merely erroneous for the lower court’s determination on the selection of evidence and probative value, which belong to the free judgment of the fact-finding court. In light of the aforementioned legal principles and the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence.

Other grounds for appeal by the defendant do not constitute legitimate grounds for appeal under each subparagraph of Article 383 of the Criminal Procedure Act.

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