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 preparation of evidence and the 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, on the grounds stated in its reasoning, acknowledged the Defendant guilty of each criminal facts committed against victim I, and rejected the first decision of the lower court that rejected the Defendant’s assertion disputing this, and rejected the grounds for appeal by mistake of facts and misapprehension of the legal doctrine.

The grounds of appeal disputing such fact-finding by the lower court are merely grounds for the lower court’s determination of the evidence selection and probative value, which belong to the free judgment of the fact-finding court. While 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 by misapprehending the legal doctrine regarding fraud, etc. or by exceeding the bounds of the free evaluation

In addition, pursuant 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 is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

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