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 for mistake of facts on the ground that the defendant appeared as a witness of a civil case as stated in the judgment below and intentionally made a false statement contrary to memory.

The allegation in the grounds of appeal is merely an error of the lower court’s determination as to the evidence selection and probative value, which belongs to the free judgment of the fact-finding court. While examining the reasoning of the lower judgment in light of the aforementioned legal principles and relevant legal principles as well as the evidence duly adopted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles as to the standard of

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