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, recognized the circumstances in which the Defendant was involved in the instant Bosing crime.

We accept the defendant's argument disputing this, and accept the first trial decision that found the defendant guilty.

On the other hand, the defendant did not accept the defendant's allegation of the grounds for appeal as to mistake of facts or misapprehension of legal principles

The allegation in the grounds of appeal is the purport of disputing the determination of the lower court’s fact-finding, and is merely an error in the determination of the lower court’s choice of evidence and probative value, which belong to the free judgment of the fact-finding court. In addition, even when examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine regarding the degree of proof required in criminal proceedings and assistance to joint principal offenders,

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