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). For reasons indicated in its reasoning, the lower court recognized the facts constituting the crime of paragraphs (1) through (4) among the facts constituting the crime of the first instance, and determined that the first instance judgment of conviction on the facts constituting the crime of paragraph (5) is justifiable, and rejected the grounds for appeal on

The allegation in the grounds of appeal is merely an error of 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, 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 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.