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, determined that the Defendant’s act of assault and damage to property and the intent thereof was recognized, and that such act does not constitute justifiable act, 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 recognition of facts that served as the basis of the judgment of the court below. It is nothing more than denying the judgment of the court below on the selection and probative value of evidence belonging to the free judgment of the court of fact-finding. In addition, even if examining the reasoning of the judgment below in light of the aforementioned legal principles and relevant legal principles and evidence duly admitted, the judgment of the court below did not err by misapprehending the legal principles on assault and legitimate act or by exceeding the bounds

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