The appeal is dismissed.

The grounds of appeal are examined.

The establishment of facts constituting a crime must be proven to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act), and 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 stated in its reasoning, the lower court: (a) merely made a mistake as to the Defendant’s statement in the part concerning paragraphs (1) and (3) of the facts charged in the instant case; or (b) made a false statement against memory solely on the evidence submitted by the prosecutor.

Recognizing that the judgment of the first instance court, which judged insufficient recognition, was justifiable, the court rejected the allegation of the grounds for appeal by misunderstanding the facts and misunderstanding the legal principles.

The allegation in the grounds of appeal is the purport of disputing the determination of facts by the lower court, and is merely an error of the lower court’s determination as to the choice of evidence and probative value, 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 principles and records, the lower court did not err in its judgment 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.