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 selection of evidence and 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 stated in its reasoning, found the Defendant guilty of the facts charged in the lower judgment.

The grounds of appeal disputing such fact-finding by the lower court are merely grounds for the lower court’s determination of the evidence selection and probative value, which belong to the free judgment of the fact-finding court. In addition, even when examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine regarding the criminal intent of escape, or by exceeding the bounds of the principle of free evaluation, as alleged in

In addition, in light of the reasoning of the lower judgment regarding the grounds for appeal that the lower court’s failure to deliberate on the grounds for sentencing, the foregoing ground for appeal constitutes an unfair argument for sentencing.

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 determination of the sentence of the court below, including the above argument, is unfair, cannot

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