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 of evidence 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, convicted the instant preliminary charges.

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 of the lower court’s determination of free evaluation of evidence and probative value, which is the legal basis of the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal principles, relevant legal principles as indicated in the lower judgment, and evidence duly admitted, the lower court did not exhaust all necessary deliberations, as alleged in the grounds of appeal, and did not err by exceeding the bounds of free evaluation doctrine

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