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 court below rejected the grounds for appeal as to the mistake of facts or misapprehension of legal principles on the judgment of the court of first instance, on the grounds as stated in its reasoning.

The ground of appeal disputing such fact-finding by the lower court is merely an error of the lower court’s determination on the evidence selection and probative value, 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 evidence duly admitted, the lower court did not err in its judgment by violating the principle of presumption of innocence and by misapprehending the legal doctrine on the crime of injury and intentional negligence, or by exceeding the bounds of the principle of

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