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). The court below, based on its stated reasoning, determined that the defendant was committing the attack of this case, rejected the grounds for appeal concerning mistake of facts or misapprehension of legal principles.

The allegation in the grounds of appeal is merely an error of the judgment of the court below 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 crime of

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