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 and probative value of evidence conducted on the premise of fact finding belongs to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). Recognizing that the first instance judgment, which found the Defendant guilty of the instant facts charged, was justifiable, the lower court rejected the allegation of the grounds for appeal for misconception of facts that asserted the facts charged.

The allegation in the grounds of appeal is nothing more than disputing the judgment of the court below on the selection and probative value of evidence which belongs to the free judgment of the fact-finding court. In light of the evidence duly admitted, the court below did not err by exceeding the bounds of the 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.