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 indicated in its reasoning, the lower court, based on its reasoning, determined that the crime of intrusion upon residence was established and the intention of intrusion upon residence was recognized, rejected the allegation of the grounds for appeal as to mistake of facts and misapprehension of the legal doctrine.

The allegation in the grounds of appeal is the purport of disputing the recognition of facts that served as the basis of the judgment of the court below. It is nothing more than misunderstanding the judgment of the court below on the selection and probative value of evidence belonging to the free judgment of the court of fact-finding. In addition, even if examining the reasoning of the judgment below in light of the aforementioned legal principles and the evidence duly admitted, the lower court did not exhaust all necessary deliberations, and did not err by exceeding the bounds of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles

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