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). The lower court determined that the facts charged in this case were guilty on the grounds as indicated in its reasoning, and rejected the allegation of the grounds for appeal of mistake of facts.

The allegation in the grounds of appeal disputing such judgment of the court below is merely an error of the judgment of the court below as to the selection of evidence and probative value, which belong to the free judgment of the court of fact-finding, or the fact-finding based thereon. The reasoning of the judgment below is not erroneous in the misapprehension of the principle of free evaluation of evidence in violation of logical and empirical rules, even if examining

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