The Defendant’s argument in the grounds of appeal is with the purport that the court below erred by finding a false fact despite that Co-Defendant B did not have been at the time of the Victim J, and thus, it is unlawful to determine the Defendant guilty of violating the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) among the facts charged in the instant case.

However, the recognition of facts and the selection and evaluation of evidence, which are the premise thereof, belong to the exclusive authority of the fact-finding court unless it exceeds the limit of the free evaluation of evidence

The judgment below

In light of the evidence duly admitted by the first instance court, the reason that the lower court exceeded the above limit cannot be found even after examining the evidence maintained by the lower court.

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

In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable 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.