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The appeal is dismissed.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. The establishment of facts against the accused case shall reach the level of proof with no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the preparation of evidence and its probative value, which is based 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 lower court rejected the allegation in the grounds of appeal for misconception of facts disputing the determination of the first instance court, recognizing that the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) committed the same crime as the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes among the instant facts charged, and the violation of the Special Act on the Punishment, etc. of Sexual Crimes (special rape) was justifiable.
The ground of appeal that the fact-finding of the lower court is erroneous is nothing more than disputing the lower court’s determination on the selection and probative value of evidence belonging to the free judgment of the fact-finding court. In light of 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 against logical and empirical rules, and failing to exhaust all necessary deliberations
2. With respect to a case for which a request for attachment order is made, if the defendant files a final appeal against the case for which the request for attachment order is filed, the final appeal shall be deemed filed.
However, there is no entry of the reason in the petition of appeal and there is no entry of the reason for objection in the statement of appeal.
3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.