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). Based on its stated reasoning, the lower court rejected the Defendant’s allegation in the grounds of appeal as to the Defendant’s mental and physical disorder, deeming that the Defendant did not lack the ability to discern things at the time of committing the instant crime.

The allegation in the grounds of appeal as to this part is merely an error of the lower court’s determination of the free judgment of the fact-finding court, and it is nothing more than an error in the determination of the evidence selection and probative value, and even if examining the reasoning of the lower judgment in light of the record, the lower court did not err by misapprehending the legal doctrine as to mental and physical disorder, contrary

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the

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