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The appeal is dismissed.
Reasons
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). For the reasons indicated in its reasoning, the lower court determined that the Defendant could recognize the fact that the Defendant committed an indecent act against the victim, such as the entries in the facts charged, and rejected the allegation of grounds for appeal
The allegation in the grounds of appeal is merely an error of the lower court’s determination on the selection and probative value of evidence, which belongs to the free judgment of the fact-finding court.
In addition, even if 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 in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the free evaluation of evidence.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.