1. 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 determination of the selection and probative value of evidence conducted on the premise of fact-finding belongs to the discretion of the fact-finding court unless it exceeds the bounds of the principle of free evaluation of evidence.

(Article 308 of the Criminal Procedure Act). On the grounds indicated in its reasoning, the lower court determined that there was a purpose of retaliation against the Defendant with respect to the part of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts charged in the instant case, and rejected the Defendant’s allegation of grounds for appeal as to

The gist of the grounds of appeal disputing the lower court’s fact-finding is nothing more than disputing the lower court’s determination on the choice and probative value of evidence, which belongs to the free judgment of the lower 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.

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on mental and physical disorder, contrary to what is alleged in the grounds of appeal in its reasoning.

3. According to Article 383 subparag. 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 has been imposed. Thus, in this case where a more minor sentence has been imposed on the Defendant, the argument that the Defendant’s punishment is unreasonable

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