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 grounds for appeal by mistake of facts and misapprehension of legal principles on the judgment of the court of first instance on the grounds that credibility exists in the victim's statement and the investigation report (112 reporter's telephone statement) which the court of first instance uses as evidence, and some statement and agreement among the police suspect interrogation protocol against the defendant are admissible.

The allegation in the grounds of appeal disputing the fact-finding, which is the basis of the judgment of the court of fact-finding, is merely an error of the judgment of the court of fact-finding on the selection and probative value of evidence, and the reasoning of the judgment below is not erroneous in the misapprehension of the bounds of the principle of free evaluation of evidence in violation of the logical and empirical rules, or in the misapprehension of the legal principles on the burden of proof, confession, and admissibility of hearsay evidence, even if examining the reasoning of the judgment below in light

Meanwhile, among the grounds of appeal, the argument that the court below erred in the misapprehension of the legal principles as to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the crime of causing property damage shall not be a legitimate ground of appeal, as alleged in the ground of appeal by the defendant as the grounds of appeal or by the court below

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