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 lower court determined that the Defendant inflicted injury on the victim as stated in the facts charged, and threatened him/her by carrying with himself/herself any insertion which is a dangerous object, and rejected the allegation in the grounds of appeal regarding mistake of facts that contests

The ground of appeal of this case is merely an error of the lower court’s determination on the selection of evidence and probative value, which belong to the free judgment of the fact-finding court. In light of the evidence duly admitted, the lower court did not err by failing to exhaust all necessary deliberations, contrary to what is alleged in the ground of appeal.

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