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 selection and probative value of evidence conducted on the premise of fact finding belongs to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). The defendant's ground of appeal is merely the purport of disputing the judgment of the court below on the selection and probative value of evidence belonging to the free judgment of the fact-finding court, and there is no error of law by exceeding the bounds of the principle of free evaluation of evidence in its judgment.

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the defense counsel’s assertion that the sentencing of

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