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 lower court, on the grounds as stated in its reasoning, found all criminal facts guilty.

The ground of appeal disputing part of the fact-finding by the lower court is merely an error of the lower court’s determination on the selection of evidence and probative value, which substantially belongs to the free judgment of the fact-finding court. In light of the aforementioned legal principles and the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, contrary to what is alleged in the ground of appeal.

In addition, pursuant to 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 is imposed, a final appeal may be filed on the grounds of unfair sentencing. As such, in the instant case where a more minor sentence is imposed against the Defendant, the grounds for final appeal on the grounds of circumstances relating to the circumstances of the circumstances do not constitute legitimate grounds for final appeal

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