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, as if the Defendant had normally borne self-paid charges as shown in the instant facts charged, deceiving the Chang Chang-gun to acquire the instant subsidy, and rejected the grounds for appeal on mistake of facts by the Defendant.

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

In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine, the relevant legal doctrine as indicated in the lower judgment, and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine regarding false application or other unlawful means in the crime of deception or fraud, or by exceeding the bounds of the principle of free evaluation of evidence.

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