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 and probative value of evidence conducted on the premise of fact finding belongs to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). The court below, based on its stated reasoning, judged that the judgment of the first instance, which found the facts charged in the instant case guilty, was justifiable, rejected the allegation of the grounds for appeal for mistake of facts

The allegation in the grounds of appeal is nothing more than disputing the judgment of the court below on the selection and probative value of evidence which belongs to the free judgment of the fact-finding court. In light of the evidence duly admitted, the court below did not err by exceeding the bounds of the free evaluation of evidence

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed, and thus, in this case where a fine has been imposed against the defendant, the argument that the punishment is too unreasonable

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