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). On the grounds indicated in its reasoning, the lower court rejected the allegation in the grounds of appeal as to mistake of facts, recognizing that the first instance court found the Defendant guilty of the instant facts charged was justifiable.

The allegation in the grounds of appeal is nothing more than misunderstanding the judgment of the court below on the selection and probative value of evidence which belongs to the free judgment of the court of fact-finding, and the reasoning of the judgment below is not erroneous in the misapprehension of the principle of free evaluation of evidence in light of the above legal principles and the evidence duly admitted.

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