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 court below rejected the Defendant’s allegation in the grounds of appeal as to mistake of facts and misapprehension of legal principles, on the ground that the Defendant’s act of breach of trust, intent of breach of trust, and occurrence of property damage, such as the facts

The allegation in the grounds of appeal is the purport of disputing the fact-finding that led to such a determination by the lower court, and is merely an error of the lower court’s determination on the selection and probative value of evidence.

In addition, even when examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the legal doctrine as stated in the lower judgment 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 occupational breach of trust

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