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 indicated in its reasoning, the lower court determined that the Defendant sold game products with contents different from that of the rating classification, and rejected the Defendant’s assertion on fact-finding.

The allegation in the grounds of appeal is the purport of disputing the determination of the lower court’s fact-finding, and is merely an error of 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 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 by misapprehending the legal doctrine on the meaning of distribution and sale of game products different from those deliberated by the Act on the Promotion of Game Industry and the degree of proof, as alleged in the grounds of appeal, and by exceeding the bounds of the free

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