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 reasons indicated in its reasoning, the court below rejected the grounds for appeal, such as erroneous determination of facts, on the ground that the sloping beam of this case was owned by the victim company and the defendant's intent to illegally obtain it was recognized.

The allegation in the grounds of appeal disputing such a determination by the lower court is merely an error of the lower court’s determination on evidence selection and probative value, which belong to the free judgment by the fact-finding court.

In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal principles and the relevant legal principles as well as the evidence duly admitted, there is no error of exceeding the bounds of the principle of free evaluation of evidence in the lower judgment or by misapprehending the legal principles

Meanwhile, 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 argument that the sentencing of the punishment

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