The appeal is dismissed.

The grounds of appeal are examined.

1. 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 cooking 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 court below decided that each criminal facts in the judgment of the court of first instance are guilty, and rejected the grounds for appeal as to the mistake of facts alleged in the appeal.

The argument in the grounds of appeal that misleads facts is nothing more than disputing the judgment of the court of fact-finding on the selection and probative value of evidence belonging to the free judgment of the court of fact-finding. In light of the evidence duly admitted, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

2. Furthermore, under Article 383 subparag. 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 more than ten years is imposed. Thus, in this case where a more minor sentence is imposed on the defendant, the argument that the amount of punishment is unreasonable is not legitimate

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