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 to discern things or make decisions at the time of committing the instant crime.

Considering that there is no or weak state and that mitigation, etc. due to mental disorder cannot be made pursuant to Article 10(3) of the Criminal Act, the grounds for appeal concerning mental disorder have not been accepted.

The allegation in the grounds of appeal that the lower court’s determination is unreasonable is merely an error of the lower court’s determination on the selection and probative value of evidence belonging to the free judgment of the fact-finding court.

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 err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the obstruction of performance of official duties, or Article 10(3) of the Criminal Act, etc.

In addition, in light of the reasoning of the lower judgment, the grounds alleged in the grounds of appeal that there was an error of violating the principle of proportionality and the principle of responsibility under the Constitution or failing to exhaust all necessary deliberations on the facts that constitute the basis of sentencing are examined, the above ground of appeal is merely

However, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed.