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 the reasons stated in its reasoning, the court below rejected the grounds for appeal concerning mistake of facts against which the defendant argued that he/she has inflicted an injury by assaulting the victim, such as the facts stated in the judgment of the court of first instance.

The allegation in the grounds of appeal disputing such a judgment by the lower court is merely an error of the lower court’s determination of evidence and probative value, which belong to the free judgment by the fact-finding court.

Furthermore, even if examining the reasoning of the lower judgment in light of 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 failing to exhaust all necessary deliberations.

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