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). Based on its stated reasoning, the lower court determined that all of the instant charges were guilty, and rejected the allegation in the grounds of appeal as to the mistake of facts alleged therein.

The ground of appeal disputing such judgment of the court below is merely an error of the judgment of the court below as to the selection and probative value of evidence belonging to the free judgment of the fact-finding court, and the judgment of the court below is not erroneous in the misapprehension of the principle of free evaluation of evidence, contrary to what is alleged in the ground of appeal

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is permitted. Thus, in this case where a fine is imposed against the defendant, the argument that the court below’s sentencing is unfair is not a legitimate ground for appeal.

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