The appeal is dismissed.

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court determined that the judgment of the first instance which found the Defendant guilty of the instant facts charged is acceptable, and rejected the grounds of appeal on the mistake of facts that asserted.

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 and probative value of evidence conducted on the premise of fact finding belongs to the free judgment of the fact-finding court.

(2) In light of the aforementioned legal principles, the lower court’s determination on the evidence selection and probative value based on the principle of free evaluation of evidence cannot be deemed as either exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or exceeding the bounds of the principle of free evaluation of evidence or misunderstanding the legal principles on presumption of innocence, in light of the reasoning of the lower judgment.

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