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The appeal is dismissed.
Reasons
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 lower court rejected the Defendant’s assertion that found the Defendant guilty of the instant conjunctive charges (excluding the part on which the Defendant was acquitted in the original trial) added at the lower court, and denied the facts of aiding and abetting and the intent of embezzlement
The allegation in the grounds of appeal is merely an error of the judgment of the court below 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 doctrine and the relevant legal doctrine as seen in the lower judgment and the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by misapprehending the legal doctrine as to the intent of aiding
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.