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 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 Defendant committed an indecent act as stated in the criminal facts in the first instance judgment, and rejected the allegation of the grounds for appeal as to fact-finding.

The allegation in the grounds of appeal is the purport of disputing the determination of facts by the lower court. It is nothing more than denying the lower court’s determination on the selection and probative value of evidence, which belongs to the free judgment by 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 by misapprehending the legal doctrine regarding the principle of trial on evidence, the presumption of innocence, or by exceeding the bounds of the principle of free evaluation of evidence contrary

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