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 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 ground of appeal as to mental disorder lies in the fact-finding of the lower court that the Defendant had the ability to discern things or make decisions at the time of committing the instant crime and did not lack the ability to do so. The purport of the appeal is to dispute the fact-finding of the lower court that the Defendant did not have the ability to discern things at the time of committing the instant crime, and it is merely an error of misapprehending the legal doctrine on the selection and probative value of evidence belonging to the free judgment of the fact-finding court, and even if examining the reasoning of the lower judgment in light of the

In addition, the argument that the court below erred in the violation of law in the judgment of sentencing is ultimately an unfair argument of sentencing.

Therefore, under 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 more than ten years has been imposed, an appeal is permitted for the wrongful grounds for sentencing. As such, the argument that the determination of a sentence is unfair is not a legitimate ground for appeal in this case where a minor sentence has been 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.