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 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 set out in its reasoning, the lower court determined that the first instance judgment that found the Defendant guilty of the part of the instant facts charged was justifiable, and rejected the allegation in the grounds of appeal as to mistake of facts against the law, on the grounds that the Defendant was aware that the J was not rape.

The grounds of appeal pointing a mistake of facts are nothing more than dispute over the judgment of the court of fact-finding on the selection and probative value of evidence belonging to the free judgment of the court of fact-finding. In light of the evidence duly adopted by the court below, the judgment of the court below is not erroneous in the misapprehension of the principle

In addition, the ground of appeal that this part of the facts charged constitutes an act of ex post facto gift or an impossible crime is asserted only when the grounds that were not alleged in the original judgment were raised in the final appeal, and it does not constitute a legitimate ground of appeal, and there is no error of law that affected the conclusion of the judgment by mistake as alleged in

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