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 stated in its reasoning, the lower court determined that the Defendant appeared as a witness of a criminal case as indicated in the lower judgment and made a false testimony contrary to his memory, and rejected the grounds for appeal as to mistake of fact.

The allegation in the grounds of appeal is the purport of disputing the determination of the lower court’s fact-finding, and it is merely erroneous for the lower court’s determination of the evidence selection 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 evidence duly admitted, the lower court did not exhaust all necessary deliberations as alleged in the grounds of appeal, and did not err by misapprehending the legal doctrine of Article 364(2) of the Criminal Procedure Act, omitting judgment, or exceeding

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