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). On the grounds indicated in its reasoning, the lower court acknowledged the fact that the Defendant inflicted an injury on the victim by force, so long as the Defendant’s arms, and determined that such act does not constitute self-defense, and rejected the Defendant’s grounds for appeal as to mistake of facts or misapprehension of legal principles.

The allegation in the grounds of appeal is merely an error in the judgment of the court below on the selection and probative value of evidence, which is the purport of disputing such fact-finding of the court below.

In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not exhaust all necessary deliberations and did not err by misapprehending the legal doctrine on self-defense or by exceeding the bounds of free evaluation of evidence.

In addition, in light of the reasoning of the lower judgment’s reasoning that the lower court erred by not taking into account circumstances favorable to the Defendant, such as the background of the crime, etc. while sentencing, the aforementioned allegation in the grounds of appeal is merely the purport of disputeing the

However, under 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 not less 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 above assertion to the effect that the sentencing of

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