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 lower court, on the grounds stated in its reasoning, determined that (1) the injury suffered by the victim constitutes an injury under the Criminal Act; and (2) the lower court, upon recognizing the conviction of the criminal facts in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the judgment of the first instance, found the first instance court to have rejected the Defendant’s assertion that the Defendant was taking measures such as aiding the victim, and rejected the allegation of the grounds for appeal by misapprehending the facts and the legal doctrine.

The allegation in the grounds of appeal is the purport of disputing the determination of the lower court on the facts leading to such determination. It is nothing more than denying the lower court’s determination on the selection and probative value of evidence, which belong 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 misapprehending the legal doctrine on escape of and criminal intent to commit a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a flight vehicle), or by exceeding

The Supreme Court precedents cited on the grounds of appeal are different from the instant case, and thus are inappropriate to be invoked in the instant case.

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