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 lower court determined that the Defendant committed an act recorded in the facts of the first instance trial, which constitutes an indecent act in the crime of indecent act by compulsion, constitutes an indecent act in the crime of indecent act by compulsion, and rejected the allegation in

The allegation in the grounds of appeal is the purport of disputing such fact-finding by the lower court, and it is merely erroneous for the lower court’s determination as to the choice of evidence and probative value, which belong to the free judgment of the lower court, and even if examining the reasoning of the lower judgment in light of the aforementioned legal principles and relevant legal principles and evidence duly adopted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on indecent act by

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