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 preparation of evidence and the 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 stated in its reasoning, the lower court recognized the guilty of criminal facts in the first instance judgment, and rejected the first instance judgment rejecting the Defendant’s defense, and rejected the grounds for appeal as to the Defendant’s mistake.

The allegation in the grounds of appeal is the purport of disputing the determination of facts by the lower court. It is nothing more than an error of the lower court’s determination as to the choice of evidence and probative value, which belong to the free judgment of the fact-finding court. Furthermore, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err in its judgment in violation of the principle of free evaluation contrary to logical

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