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The appeal is dismissed.
Reasons
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 indicated in its reasoning, the lower court determined that the first instance court, which rejected the Defendant’s claim disputing the criminal intent, was justifiable, and rejected the Defendant’s argument on the erroneous determination of facts, and rejected the Defendant’s allegation in the grounds of appeal concerning the mistake of facts.
The allegation in the grounds of appeal is the purport of disputing such fact-finding by the lower court. It is nothing more than erroneous in the lower court’s determination as to the choice of evidence and probative value, which belong to the free judgment of the lower court. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence or by misapprehending the legal doctrine on fraud, etc
Other grounds of appeal by the defendant do not constitute legitimate grounds of appeal under Article 383 of the Criminal Procedure Act.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.