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). For the reasons indicated in its reasoning, the court below rejected the allegation in the grounds of appeal by mistake of facts or misapprehension of legal principles, on the ground that it is difficult to recognize the fact that the defendant inflicted an injury on the victim by putting flap, such as the crime of the first instance court, and that the act

The ground of appeal disputing the fact-finding of the lower court is merely an error of the lower court’s determination on the selection and probative value of evidence, which belongs to the free judgment of the fact-finding court, and the grounds alleged in the ground of appeal are examined in light of the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine

In addition, in the case of a crime of injury which is not a crime subject to victim's complaint, unlike a crime subject to victim's complaint where the victim is able to file a complaint, since the complaint is merely a proviso to investigation, regardless of whether the complaint is filed or not, and thus, the victim can file a complaint regardless of whether the complaint is filed or not, the circumstance that the victim revoked the complaint does not obstruct the victim

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