The appeal is dismissed.

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 preparation 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 stated in its reasoning, the lower court recognized that the first instance judgment, which did not admit the Defendant’s assertion disputing injury upon similar rape in the judgment, was justifiable, and determined that the crime of attack against the victim L in the judgment was established, and rejected the Defendant’s appeal as to the mistake of facts and misapprehension of the legal doctrine.

The allegation in the grounds of appeal is the purport of disputing the determination of facts that form the basis of such judgment of the court below. It is nothing more than denying the judgment of the court below on the selection and probative value of evidence belonging to the free judgment of the court of fact-finding. In addition, even if examining the reasoning of the judgment below in light of the aforementioned legal principles and duly admitted evidence, the judgment of the court below did not err in the misapprehension of the legal principles as to the evaluation of credibility of witness statement, similar rape, and the criminal intent of the crime of extortion, and the violation of the principle of 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.