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). Based on its stated reasoning, the lower court recognized that the first instance court, which found the Defendant guilty of the instant facts charged, was justifiable, and rejected the grounds for appeal as to the mistake of facts alleged therein.

The allegation in the grounds of appeal disputing such a determination by the lower court is merely an error of the lower court’s determination on the evidence selection and probative value, which belong to the free judgment by the fact-finding court.

In addition, while examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err in its judgment by violating logical and empirical rules and exceeding the bounds of the principle of free evaluation of evidence.

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