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 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 reasons indicated in its reasoning, the lower court, on the grounds as indicated in its reasoning, acquitted the victim as stated in the first instance judgment.

Recognizing that the Defendant’s argument disputing this was justifiable in the first instance judgment, the lower court rejected the Defendant’s allegation in the grounds of appeal in misunderstanding the facts or misapprehending the legal principles.

The allegation in the grounds of appeal is the purport of disputing the determination of the lower court on the facts that led to the determination of the lower court. It is nothing more than denying the lower court’s determination on the selection and probative value of evidence, 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 aforementioned legal doctrine and the 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 the principle of free evaluation of evidence, by infringing on

In addition, in light of the reasoning of the judgment of the court below concerning the grounds for appeal that there was an error of trial failure in the determination of sentencing, the above ground of appeal is ultimately an unfair argument of sentencing.

In that sense, only in the case where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed pursuant to Article 383 subparag. 4 of the Criminal Procedure Act, a final appeal is allowed, and thus, a more minor sentence is imposed against the defendant.