The recognition of facts and the selection and evaluation of evidence conducted on the premise thereof are within the discretionary power of the fact-finding court unless it goes beyond the limit of free evaluation of evidence.

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, may be appealed on the ground that the judgment of the court below affected the conclusion of the judgment or that there is a substantial reason to recognize that the amount of punishment has been extremely unfair.

The gist of the grounds for appeal is that the judgment of the court below is unlawful because the court below recognized the erroneous facts based on the statement without credibility despite the defendant's intentional murder, and the sentence of the court below is too excessive, or that the above assertion in this case where the court below sentenced to imprisonment for less than 10 years against the defendant is not a legitimate ground for appeal.

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