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 set out in its reasoning, the lower court determined that the first instance judgment, which recognized that the Defendant reduced the amount of damages and entered the system differently from the actual emission quantity, was justifiable, and rejected the grounds for appeal for mistake of facts.

The allegation in the grounds of appeal is merely an error in the lower court’s decision on the selection and probative value of evidence belonging to the free judgment of the fact-finding court, which is the purport of disputing such fact-finding by

In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, there was no error of exceeding the bounds of the principle of free evaluation of evidence without exhaust all necessary deliberations, or of misapprehending the legal doctrine on the subjective elements of the crime of obstruction

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