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). On the grounds stated in its reasoning, the lower court determined that all criminal facts in the judgment of the lower court are guilty, and rejected the allegation of the grounds for appeal as to fact-finding.

The allegation in the grounds of appeal is 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 in its judgment by misapprehending the legal doctrine on the degree of crime establishment and proof, omitting necessary deliberation, or exceeding the bounds of free evaluation of evidence, as alleged in the grounds of appeal.

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