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 as indicated in its reasoning, determined that the Defendant had sexual intercourse with the victim by force, and rejected the allegation in the grounds of appeal as to the mistake of facts alleged therein

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

In addition, even if examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine regarding “defluence” in the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse or by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, contrary to what is alleged in

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