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). The lower court, based on its stated reasoning, determined that all of the facts charged in the instant case are recognized, rejected the grounds for appeal concerning mistake of facts against which it is alleged.

The part of the grounds of appeal disputing the lower court’s fact-finding is merely an error of the lower court’s determination on the selection and probative value of evidence, which actually belongs to the free judgment of the lower court.

In addition, examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine regarding “the carrying of a deadly weapon or other dangerous articles” as prescribed by Article 3(1) of the Punishment of Violences, etc. Act, or by exceeding the bounds of the principle of free evaluation of evidence in

In addition, 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 more 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 punishment is unreasonable is unreasonable is

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