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 indicated in its reasoning, the court below rejected the Defendant’s allegation in the grounds of appeal on mistake of facts, on the ground that the Defendant infringed on the apartment house council room against the manager’s explicit intent and obstructed the progress of the council of occupants’ representatives

The grounds of appeal are the purport of disputing such fact-finding by the lower court, and it is merely an error of the lower court’s determination on the selection and probative value of evidence, which belong to the free judgment of the lower court.

In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine, the relevant legal doctrine and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on the elements of the crime of intrusion on a structure and the crime of interference with business, or

The Supreme Court precedents cited in the grounds of final appeal are different from this case, and thus are inappropriate to be invoked in this case.

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