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, based on the reasons indicated in its reasoning, held that (1) the part of H’s statement in the prosecution interrogation protocol against the Defendant during the prosecution examination of the prosecution against the Defendant

(2) In full view of the facts and circumstances stated in the judgment of the court below, which are acknowledged by the evidence duly admitted, including the above statement part, the court below reversed the judgment of the court of first instance which acquitted the defendant, and found the defendant guilty.

Of the grounds of appeal, the part on the argument of the lower court disputing the recognition of facts is merely an error of the lower court’s determination as to the selection of evidence and probative value, which belong to the free judgment of the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal principles, the relevant legal principles as indicated in the lower judgment, and the records, including the duly admitted evidence, the lower court did not err by misapprehending the legal principles as to admissibility of evidence under Articles 314, 316(2), and 312(4) of the Criminal Procedure Act, thereby misapprehending the legal principles as to the disposition documents, failing to exhaust all necessary deliberations, or failing to exhaust all necessary deliberations, or exceeding the bounds of free evaluation of evidence.

The Supreme Court decisions cited in the grounds of appeal are different from the instant case, and thus are inappropriate to be invoked in the instant case.

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