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). For the reasons indicated in its reasoning, the lower court determined that the Defendant had the intent to commit murder at the time of the instant case, and rejected the grounds for appeal concerning the mistake of facts by the Defendant disputing this.

The allegation in the grounds of appeal is merely an error of the lower court’s judgment on the selection and probative value of evidence, which is a substantial judgment of the fact-finding court.

In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and evidence duly admitted, the lower court did not exhaust all necessary deliberations, contrary to what is alleged in the grounds of appeal, and did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on “in

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