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). On the grounds indicated in its reasoning, the court below rejected the allegation in the grounds of appeal by mistake of facts and misapprehension of legal principles, on the ground that it is difficult to see that gambling conducted in the office of this case is merely a temporary entertainment, and the defendant established the gambling place for profit-making purposes.

The allegation in the grounds of appeal is the purport of disputing the fact-finding that led to the lower court’s above determination, and is merely an error of the lower court’s determination on the choice of evidence and probative value, which belong to the lower court

In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine, the relevant legal doctrine as indicated in the lower judgment, and the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the grounds for excluding illegality of the crime of gambling and the crime of gambling and the crime of gambling and the

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