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 court below rejected the grounds for appeal for mistake of facts on the ground that the defendant had filed a false complaint as stated in the facts charged in this case.

The allegation in the grounds of appeal is merely an error of the judgment of the court below as to the selection of evidence and probative value, which belong to the free judgment of the fact-finding court, or the fact-finding based on such determination, and even if examining the reasoning of the judgment below in light of the evidence duly admitted, it does not err

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 defendant’s punishment is too unreasonable shall not

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