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 the reasoning in its holding, determined that all the facts that the Defendant committed the crime in the judgment of the first instance court may be recognized, and rejected the allegation of the grounds for appeal of mistake of facts

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

The judgment below

Examining the reasoning in light of the aforementioned legal principles and evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine regarding assault, threat, trial of evidence, due process of law, etc. and the burden of proof in the crime of rape, or by failing to exhaust all necessary deliberations, or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the

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