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). Based on its stated reasoning, the lower court determined that the victims suffered injury as stated in the first instance court’s decision due to an accident caused by the Defendant, and rejected the grounds for appeal on mistake of facts.

The allegation in the grounds of appeal is merely an error of the judgment of the court below as to the selection of evidence and probative value, which belong to the free judgment of the court of fact-finding, and the reasoning of the judgment below is not erroneous in the misapprehension of the principle of free evaluation of evidence in light of the evidence duly admitted.

Other grounds of appeal by the defendant do not constitute legitimate grounds of appeal under Article 383 of the Criminal Procedure Act.

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