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 reasons indicated in its reasoning, the lower court determined that the first instance judgment which found the Defendant guilty of the facts charged in the instant case was justifiable, and rejected the grounds for appeal as to mistake of facts.

The grounds of appeal are the purport of disputing the determination of facts by the lower court, and it is merely erroneous for the lower court’s determination on the selection of evidence and probative value, which belong to the free judgment of the fact-finding court. In light of the aforementioned legal principles and the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence.

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