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). For the reasons indicated in its reasoning, the lower court did not have the ability or decision to discern things at the time of the instant crime.

The court rejected the Defendant’s allegation in the grounds of appeal regarding the Defendant’s mental and physical disorder, as it considers that it does not fall or

The allegation in the grounds of appeal on this part is merely an error of the lower court’s determination of free evaluation of evidence and probative value which belong to the lower court’s determination of free evaluation of fact-finding. In light of the records, the lower court’s determination did not err by failing to exhaust all necessary deliberations or by exceeding the bounds of the principle of free evaluation of evidence, contrary to what is alleged in the grounds of

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.