The appeal is dismissed.

The grounds of appeal are examined.

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). For the reasons stated in its reasoning, the lower court, recognizing the guilty of the facts charged in the instant case, recognized the first instance judgment that did not admit the Defendant’s assertion, and rejected the Defendant’s appeal as to the mistake of fact-finding.

Of the grounds of appeal, the allegation of the lower court’s determination on the admissibility and selection of evidence by the lower court, which actually belongs to the free judgment of the fact-finding court, is merely erroneous. In light of the aforementioned legal principles and the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on the rules of evidence or by exceeding the bounds of free evaluation of evidence, contrary to what is alleged in the grounds 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, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

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