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 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 indicated in its reasoning, the lower court determined that the criminal defendant committed an escape with respect to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes as indicated in the holding of the lower judgment, and found the Defendant guilty of the acquittal portion of the first instance judgment.

The allegation in the grounds of appeal is the purport of disputing the lower court’s determination of facts that led to such determination. It is nothing more than denying the lower court’s determination of evidence selection and probative value, which belong 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 by misapprehending the legal doctrine on measures not to be taken after the accident of a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., escape vehicles) or by exceeding the bounds of the free evaluation principle

The Supreme Court decisions cited in the grounds of appeal are different from the instant case, and thus are inappropriate to be invoked in the instant case.

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