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, recognizing all of the facts charged in the instant case as guilty, recognized that the first deliberation judgment, which did not admit the Defendant’s assertion disputing the facts charged, was justifiable, and rejected the Defendant’s allegation of the grounds for appeal as to the mistake of facts

The grounds of appeal purporting to the effect that the lower court’s determination is based on the facts alleged in the lower court’s judgment are nothing more than denying the lower court’s determination on the choice of evidence and probative value, which belong to the lower court’s free judgment. While examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not exhaust all necessary deliberations as alleged in the grounds of appeal, or did not err by exceeding the bounds of the principle 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.