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). The lower court, on the grounds indicated in its reasoning, determined that the Defendants’ establishment of a co-principal for the instant crime could be recognized, rejected the Defendants’ allegation in the grounds of appeal for mistake of facts.

The allegation in the grounds of appeal is merely an error in the judgment of the court below as to the choice of evidence and probative value, which belong to the free judgment of the court of fact-finding.

In addition, even when examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the relevant legal doctrine as stated in the lower judgment and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on joint principal offenders and conspiracy as otherwise

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