The Defendant’s argument in the grounds of appeal is that the lower judgment convicting the Defendant of the facts charged of this case is unlawful, even though the Defendant did not exchange an item card obtained through the use of the game product, as stated in the facts charged of this case.

However, as long as the recognition of facts and the selection and evaluation of evidence based thereon do not exceed the bounds of the principle of free evaluation of evidence, the lower court’s judgment is not recognized to have exceeded the bounds of the principle of free evaluation of evidence against logical and empirical rules, even in light of the reasoning of the lower judgment and the record.

In addition, according to Article 383 subparagraph 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 punishment is imposed against the defendant, the argument that the amount of punishment is unreasonable 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.