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 is justifiable in the first instance judgment that rejected the Defendant’s assertion that asserted the facts of the first instance judgment, and it is not identical to the facts of the summary order in the lower judgment against the Defendant and the facts of the first instance judgment.

Based on the judgment, we did not accept the allegation of the grounds for appeal as to mistake of facts and misunderstanding of legal principles.

The allegation in the grounds of appeal is the purport of disputing the determination of facts by the lower court, and it is merely erroneous for the lower court’s determination on the selection of evidence and probative value, which belong to the free judgment by the fact-finding court. In light of the aforementioned legal principles and the evidence duly admitted, the lower court did not err by misapprehending the judgment on the identity of facts charged or exceeding the bounds of free evaluation of evidence.

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