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). On the grounds indicated in its reasoning, the lower court determined that the Defendant invadedd the victim’s residence, attempted to rape, and prevented the victim from committing an attempted crime, and rejected the allegation in the grounds of appeal concerning the mistake of facts disputing such determination.

The ground of appeal disputing the above fact-finding by the lower court on the ground of insufficient credibility of the victim’s statement is merely an error of the lower court’s determination of evidence selection 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 doctrine and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on the consent or consent of the possessor in the crime of intrusion on residence and the degree of proof necessary for finding guilt, failing to exhaust all necessary deliberations, or exceeding the bounds of the principle of free evaluation of evidence in violation

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