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 selection and 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). The lower court, on the grounds stated in its reasoning, determined that all of the facts charged in the instant case is guilty, and reversed the first instance judgment that acquitted the Defendant, and sentenced the Defendant guilty.

The allegation in the grounds of appeal pertains to the aforementioned factual determination by the lower court, and is merely an error of the lower court’s determination on the selection and probative value of evidence, which is the free judgment by the fact-finding court. In addition, even when examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the degree of intimidation in the crime of rape, the intent of rape, and the degree of proof necessary for the acknowledgement of guilt

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