1. The acknowledgement of facts against the accused case shall reach the level of proof with no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection 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). On the grounds indicated in its reasoning, the lower court rejected the allegation in the grounds of appeal for misconception of facts that the Defendant and the person subject to a request to attach an attachment order (hereinafter referred to as the “Defendant”) found that rape against the victim was completed at the place of crime as indicated in paragraph (1) of the criminal facts in the first instance judgment.

The ground of appeal pointing out the facts-finding and judgment of the court below is nothing more than misunderstanding the judgment of the court below on the selection of evidence and probative value which belong to the free judgment of the court of fact-finding, and the reasoning of the judgment below is not erroneous in the judgment of the court below in light of the evidence duly admitted.

In addition, the argument that the judgment of the court below is erroneous in the misapprehension of legal principles as to sentencing or incomplete deliberation is the argument of unfair sentencing.

However, 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 not less 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 sentencing of the punishment

2. With respect to a case for which a request for attachment order is made, if the defendant files a final appeal against the case for which the request for attachment order is filed, the final appeal shall be deemed filed.

However, there is no entry of the reason in the petition of appeal and there is no entry of the reason for objection in the statement of appeal.

3. Therefore, the appeal is dismissed.