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). The court below reversed the judgment of the court of first instance which acquitted the defendant on the ground that the defendant’s insult of the victim does not constitute a justifiable act, and found him guilty.

The allegation in the grounds of appeal is purporting to dispute the fact-finding of the lower court without assertion as to specific grounds for violation of law, and it is merely an error of the lower court’s determination as to the selection and probative value of evidence belonging to the free judgment of the fact-finding court. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in its judgment or by misapprehending the legal doctrine as to a legitimate act

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 court below’s allegation that the amount of the sentence

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