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 lower court, on the grounds indicated in its reasoning, found the Defendant guilty of all the facts constituting the crime in the first instance judgment, and rejected the first instance court’s argument that is a similar to the grounds for appeal, and rejected the allegation in the grounds for appeal as to mistake of facts.

The allegation in the grounds of appeal is the purport of disputing such fact-finding by the lower court, and 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

In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine regarding the preparation of qualification-based private documents, fabrication of private documents, and implied presumption acceptance, or by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by failing to exhaust all necessary deliberations, or by infringing

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