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, on the grounds indicated in its reasoning, acknowledged an impossible attempted crime of violation of the Act on the Punishment, etc. of Sexual Crimes (special quasi-rape), and rejected the Defendant’s first instance judgment, and rejected the Defendant’s allegation of the grounds for appeal as to the mistake of facts and misapprehension of legal doctrine.

The allegation in the grounds of appeal is the purport of disputing the determination of facts that led to such determination by the lower court, and it is nothing more than denying the determination of the lower court on the selection and probative value of evidence, which belongs to the free judgment by the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the relevant legal doctrine in the first instance trial and the evidence duly admitted, the lower court did not err by exceeding the bounds of free evaluation of evidence contrary to logical and empirical rules or by misapprehending the legal doctrine on the risk of an impossible

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