The appeal is dismissed.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

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). For the reasons indicated in its reasoning, the court below rejected the grounds for appeal concerning mistake of facts on the ground that the defendant was found to have committed an indecent act by force against the victim as stated in the judgment of the court of first instance.

The allegation in the grounds of appeal is merely an error in the judgment of the court below as to the choice of evidence and probative value, which belong to the free judgment of the court of fact-finding.

In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on the crime of indecent act by compulsion and the burden of proof of facts charged, contrary to what is alleged in the grounds of appeal, or by failing to exhaust all necessary deliberations,

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