The Defendant’s argument in the grounds of appeal is the purport that the lower court convicted the Defendant by making an erroneous fact-finding based on C’s statement that is not reliable, although the Defendant had forged or altered the instant documents.

However, 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 exceeds the limit of the free evaluation of evidence.

The judgment below

In light of the record, even if the reasoning of the judgment of the court below is examined, it cannot be found that the court below exceeded the bounds of the principle of free evaluation of evidence against the logical and empirical rules, and there is no illegality such as violation of the rules of evidence and the principle of evidence judgment

Meanwhile, according to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years

In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.

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