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). The lower court, on the grounds stated in its reasoning, sufficiently recognizes the facts that the Defendant used and inflicted an injury on A, and determined that the Defendant’s act does not constitute legitimate defense, and rejected the allegation in the grounds of appeal as to mistake of facts and misapprehension of legal doctrine.

The allegation in the grounds of appeal is the purport of disputing the determination of the lower court’s fact-finding, and is merely an error in the determination of the lower court’s choice 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 doctrine and the relevant legal doctrine as well as the duly admitted evidence, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the degree of proof necessary for the defense

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