The appeal is dismissed.

The grounds of appeal are examined.

Although the establishment of facts constituting a crime ought to be proven to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act), 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 stated in its reasoning, the lower court determined that the first instance judgment that recognized the credibility of the statement made by the victim at an investigative agency and convicted all of the facts charged of the instant case, and rejected the grounds for appeal as to the mistake of facts disputing this.

The allegation in the grounds of appeal disputing the above fact-finding by the injured party on the grounds of insufficient credibility of the statement made by the investigative agency is merely an error of 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 in light of the relevant legal principles and the evidence duly admitted, the lower court did not err by misapprehending the judgment on the credibility of the statement made by the injured party at the investigative agency or by exceeding the bounds of the free evaluation of evidence, as alleged in the grounds of appeal.

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