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 first instance court convicted all of the criminal facts in the judgment of the first instance court on the grounds as stated in its reasoning, and the lower court maintained the first instance judgment.

Examining the reasoning of the first instance judgment and the lower judgment in light of the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on the interpretation of penal laws, such as the principle of statutory punishment and the principle of clarity, and the principle of equity, as alleged in the grounds of appeal, and by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by omitting judgment, contrary to what is alleged in the grounds of appeal.

Meanwhile, in light of the reasoning of the lower judgment on the grounds of appeal that the appellate court violated the fundamental human rights protection under Article 10 of the Constitution and the principle of equality under Article 10 of the Constitution or erred by misunderstanding relevant legal principles with regard to the deliberation of sentencing of the instant appellate court, this constitutes an assertion to the effect that the lower

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 not less than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence has been imposed against the defendant, the argument that the amount of the punishment is unfair, including the above argument, is not a legitimate

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