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). On the grounds indicated in its reasoning, the lower court determined that the first instance court was justifiable to have determined that all of the facts charged in this case was guilty and rejected the allegation of the Defendant and the defense counsel disputing this case, and rejected the allegation of grounds

The ground of appeal disputing the above fact-finding by the lower court on the ground of insufficient credibility of the victim’s statement is merely an error of the lower court’s determination of evidence selection and probative value, which belong to the free judgment of the fact-finding court.

In addition, even when 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 by misapprehending the legal doctrine regarding the presumption of innocence, or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules

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