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). For the reasons stated in its reasoning, the lower court determined that the Defendant stolen two bicycles together with A, and rejected the allegation in the grounds of appeal by misunderstanding the facts or misunderstanding the legal principles. The grounds of appeal disputing such fact-finding by the lower court are nothing more than misunderstanding the lower court’s determination on the selection and probative value of evidence, which actually belongs to the free judgment of the fact-finding court, and the lower court did not err in its judgment by exceeding the bounds of free evaluation of evidence, even if examining the reasons of the lower judgment in light of the aforementioned legal doctrine and duly

In addition, according to the records, the defendant appealed against the judgment of the court of first instance, and argued only the mistake of facts or the mistake of legal principles as above as the ground of appeal.

In such a case, the argument that the lower court erred by misapprehending the legal doctrine on mental disorder is not a legitimate ground for appeal.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, an appeal is permitted based on unfair grounds for sentencing. Thus, the argument that the amount of punishment is unfair 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.