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 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 the performance of the part of the public performance and obscene content of the instant facts charged against the Defendant, and determined that the Defendant had the intent to perform public performance, and rejected the Defendant’s appeal as to the mistake of facts.

The allegation in the grounds of appeal disputing the establishment of facts that served as the basis of the judgment of the court below is nothing more than denying the judgment of the court below on the selection and probative value of evidence, which actually belongs to the free judgment of the court of fact-finding. In addition, while examining the reasoning of the judgment below in light of the aforementioned legal principles and the relevant legal principles as well as the evidence duly admitted, the judgment of the court below did not err by misapprehending the legal principles on the establishment

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