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 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 the reasons indicated in its reasoning, the lower court acknowledged the fact that the Defendant, as stated in the judgment of the first instance court, threatened and forced the victims as in the crime of the first instance, was found to have committed an indecent act, and the fact that the Defendant suffered from alcohol-related symptoms, bipolartic disorder, etc. at the time of the crime of the instant case, but did not reach a weak level of ability to discern things or make decisions.

Recognizing that the grounds for appeal claiming factual mistake and mental or physical weakness have not been accepted.

The allegation in the grounds of appeal disputing such a judgment by the lower court is merely an error of the lower court’s determination on the selection and probative value of evidence, which actually belongs to the free judgment by the fact-finding court, and on the basis of fact-finding. In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal principles and the evidence and records duly admitted, the lower court did not err in its judgment by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, by misapprehending the legal doctrine on mental and physical weakness, or by exceeding the bounds of free evaluation of evidence, etc.

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