The appeal is dismissed.

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

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 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 recognized the first deliberation judgment that the Defendant committed an indecent act against the victim, such as the facts recorded in the first instance judgment, and rejected the allegation of the grounds for appeal as to fact-finding.

The allegation in the grounds of appeal is the purport of disputing the determination of facts by the lower court. It is nothing more than an error of the lower court’s determination on the selection of evidence and probative value, which belong to the free judgment of the fact-finding court. In addition, even when 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 by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, as alleged in

On the other hand, the grounds that the defendant's right to participate in the examination of the first trial infringed upon by the defendant's right to participate in the examination, including the grounds that the defendant's right to participate in the examination of the first trial was submitted after the period for submitting the written grounds for appeal, and the grounds for illegality concerning the investigation and the trial procedure, which are alleged by the written grounds for appeal submitted after the period for submitting the written grounds for appeal,

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