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 and probative value of evidence conducted on the premise of fact finding belongs to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). For the reasons indicated in its reasoning, the lower court determined that the first instance court which found the Defendant guilty of these facts charged was justifiable, and rejected the allegation in the grounds of appeal as to the mistake of facts against which the Defendant asserted.

The ground of appeal disputing such fact-finding and judgment of the court below is merely an error of the judgment of the court below as to the selection and probative value of evidence belonging to the free judgment of the court of fact-finding, and the judgment of the court below is not erroneous in the misapprehension of the principle of free evaluation of evidence against logical and empirical rules, contrary to what is alleged in the ground of appeal

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