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 reasons indicated in its reasoning, the lower court rejected the Defendants’ allegation in the grounds of appeal as to the mistake of facts and misapprehension of legal principles, on the ground that the Defendants’ act of destroying and damaging the instant property

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 after examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine regarding the justifiable act or exceeding the bounds of the principle of free evaluation of evidence.

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