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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
1. The recognition of facts constituting the Defendant’s case should have been proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection 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). The lower court, on the grounds stated in its reasoning, determined that the Defendant and the person who requested an attachment order (hereinafter “Defendant”) had sexual intercourse with the victim, and rejected the Defendant’s allegation of grounds for appeal on this point.
The allegation in the grounds of appeal is the purport of disputing the determination of the lower court’s fact-finding, and is merely an error in the determination of the lower court’s choice of evidence and probative value, which belong to the free judgment of the fact-finding court. In addition, even when 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 err in its judgment by misapprehending the legal doctrine on attempted suspension, or by failing to exhaust all necessary deliberations, or by exceeding the bounds of the free evaluation
Meanwhile, there is no legitimate ground for appeal as stipulated in Article 383 of the Criminal Procedure Act, since the defendant's assertion of facts concerning mental disorder among the grounds for appeal, or the court below's assertion that it is not subject to judgment ex officio, shall not be a legitimate ground for appeal.
2. In the event that an appeal is filed with respect to the case for which the request for attachment order is filed, the appeal shall be deemed to have been filed regarding the case for which the request for attachment order is filed, but the appeal shall not include the grounds of objection in the petition of
3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.