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). The defendant asserted a mistake of facts as the grounds for appeal against the judgment of the court of first instance, but withdrawn the allegation of mistake during the third trial of the court below, and the court below found all the facts constituting the crime in its judgment.

The allegation in the grounds of appeal on the grounds of mistake of facts is nothing more than a dispute over the judgment of the court of fact-finding on the selection and probative value of evidence.

In addition, even if examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by failing to exhaust all necessary deliberations, contrary to what

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