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 stated in its reasoning, the lower court rejected the allegation of the grounds of appeal as to mistake of facts or misapprehension of the legal doctrine on the ground that the time when the Defendant made the statement of criminal facts as indicated in the judgment of the first instance court was around March 2010, and such a statement is recognized.

The grounds for the final appeal are the purport of disputing the determination of facts by the lower court. It is nothing more than an error of the lower court’s determination on the selection and probative value of evidence, which belongs 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, relevant legal principles, and evidence duly admitted, the lower court did not exhaust all necessary deliberations, as alleged in the grounds for final appeal, and did not err by exceeding the bounds of free evaluation doctrine, or by misapprehending the legal doctrine on

The Supreme Court precedents cited on the grounds of appeal are different from the instant case, and thus are inappropriate to be invoked in the instant case.

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