The appeal is dismissed.

The grounds of appeal are examined.

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 acknowledged that (1) the Defendant had the intention to rape the victim, and (2) the Defendant did not lack the ability to discern things or make decisions at the time of committing the instant crime, and rejected the grounds for appeal claiming mistake of facts and mental or physical weakness.

The allegation in the grounds of appeal is the purport of disputing the determination of facts by the lower court, and is merely an error in the determination of the lower court’s choice of evidence and probative value, and the fact-finding based thereon, which belong to the free judgment of the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal principles and duly admitted evidence, the lower court did not err in the misapprehension of the legal doctrine on intimidation of rape, the commencement of the implementation thereof, or the physical and mental weakness of the crime

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