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 court below found all of the criminal facts in its decision of the court below guilty.

The allegation in the grounds of appeal is merely an error of the lower court’s determination as to the evidence selection and probative value belonging to the free judgment of the fact-finding court, and even when examining the reasoning of the lower judgment in light of the aforementioned legal principles and 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 in violation of logical and empirical rules, or by misapprehending the legal doctrine on the intent to illegally

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