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 reasons indicated in its reasoning, the lower court acknowledged that the Defendant committed physical abuse against the part of the violation of the Child Uniforms Act (child abuse) No. 1-C (child abuse) of the first instance judgment against the Defendant as to the part of the Defendant’s violation of the Child Uniforms Act (Article 308 of the Criminal Procedure Act), and determined that the Defendant’s act does not constitute a justifiable act, and rejected the allegation of facts and misapprehension of the legal doctrine.

Of the grounds of appeal, the allegation of the lower court’s determination on the admissibility and selection of evidence by the lower court, which actually belongs to the free judgment of the lower court as a fact-finding court, is merely erroneous. In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the relevant legal doctrine and the duly admitted evidence, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on justifiable acts

Meanwhile, among the grounds for appeal, the allegation that the lower court erred by misapprehending the legal doctrine on fraudulent means or force of the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts, such as deceptive schemes against minors under the age of 13) and the crime of violating the Act on the Protection of Juveniles against Sexual Abuse (Indecent Acts, such as deceptive schemes) shall not be a legitimate ground for appeal as it is asserted by the Defendant only for the grounds of appeal that the lower court

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