The appeal is dismissed.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

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 lower court recognized the first instance court’s determination that the criminal facts in the judgment of the first instance, which found the Defendant to have been administered with his own intention, are justifiable, and rejected the allegation in the grounds for appeal of mistake of facts.

The allegation in the grounds of appeal is merely an error in the judgment of the court below as to the selection of evidence and probative value, which belong to the free judgment of the court of fact-finding.

In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, 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 doctrine on the facts administering phiphones and the burden of proof as to the circumstances administering phiphones, contrary to what is alleged in the grounds of appeal,

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