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). On the grounds set out in its reasoning, the lower court rejected the first instance judgment rejecting the Defendant’s assertion that the victim’s failure to resist was justifiable, and rejected the allegation of grounds for appeal concerning mistake of facts

The allegation in the grounds of appeal is merely an error in the judgment on the selection and probative value of evidence belonging to the free judgment of the fact-finding court as to the victim's failure to resist, the injury caused by this case, the fact-finding of the first instance court, and the victim's statement, which are the basis thereof.

In addition, even if the reasoning of the lower judgment is examined in light of the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

In addition, although the written ground for appeal submitted by the defendant contains a violation of law or misunderstanding of legal principles in the judgment of the court below, it shall not be deemed a legitimate ground for appeal.

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