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). For reasons indicated in its reasoning, the court below rejected the Defendant’s allegation in the grounds of appeal for mistake of facts on the ground of determining that the Defendant’s criminal facts in the charges of this case were established.

The allegation in the grounds of appeal is merely an error of the judgment on the selection and probative value of evidence belonging to the free judgment of the fact-finding court as the purport of substantially disputing the fact-finding by the court below

In addition, even when 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 regarding the principle of substantial direct examination, or by exceeding the bounds 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.