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 same as indicated in its reasoning, was negligent in neglecting the Defendant’s duty of ex officio.

Based on the judgment, we rejected the Defendant’s allegation of the grounds of appeal as to mistake of facts or misunderstanding of legal principles.

Of the grounds of appeal, the argument disputing such determination by the lower court is merely merely an error of the lower court’s determination on the selection and probative value of evidence, which belongs to the free judgment by the fact-finding court. In addition, even when examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err by exceeding the bounds of free evaluation of evidence, contrary to what is alleged in the grounds of appeal, by exceeding the bounds of logical and empirical rules, or by misapprehending the legal doctrine on

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