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, determined that, as indicated in the facts charged in the instant case, the fact that the Defendant inflicted bodily injury on the victim was recognized.

The allegation in the grounds of appeal is the purport of disputing the determination of facts by the lower court. It is merely erroneous for the lower court’s determination as to 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 misapprehending the legal doctrine on the degree of proof necessary for conviction, or by exceeding the bounds of the principle of free evaluation.

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