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 the determination of probative value based 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 instant facts charged (excluding the part concerning innocence) changed in the lower court was guilty.

The ground of appeal disputing the fact-finding of the lower court is merely an error of the lower court’s determination on the evidence selection and probative value, which actually belongs to the freedom of the fact-finding court.

In addition, even if 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 exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on indecent act by force on duty, contrary

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