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 court below rejected the grounds for appeal as to mistake of facts and misapprehension of legal principles, by recognizing the first instance court’s determination that the Defendant’s act does not constitute excessive defense, as stated in its judgment of the court of first instance, and recognizing that the Defendant’s act does not constitute excessive defense.

The ground of appeal disputing the fact-finding of the lower court is merely an error of the lower court’s determination on the evidence selection and probative value, which actually belongs to the free judgment of the fact-finding court.

In addition, the reasoning of the judgment below is examined in light of the above legal principles and the legal principles of the judgment below as well as the evidence duly admitted. However, the judgment below did not err by misapprehending the legal principles as to murder and excessive defense, or by exceeding the bounds of the free evaluation of evidence.

In addition, considering various circumstances, such as the Defendant’s age, character, intelligence and environment, relationship with the victim, motive means and consequence of the instant crime, the circumstances after the crime, etc., the determination of the lower court’s punishment, which maintained the sentence that the first instance court sentenced against the Defendant, is extremely unfair even when considering the circumstances asserted by the Defendant and the defense counsel.

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