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 reasons indicated in its reasoning, the court below rejected the grounds for appeal as to mistake of facts and misapprehension of legal principles on the determination that the defendant's act cannot be seen as self-defense, and that the defendant's act constitutes self-defense.

The ground of appeal disputing the fact-finding of the lower court is merely an error of the lower court’s determination on the evidence selection and probative value, which actually belongs to the free judgment of the fact-finding court.

Furthermore, even if examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on self-defense, contrary to what is alleged in

In addition, there is no legitimate ground of appeal as provided in Article 383 of the Criminal Procedure Act, as it is alleged in the ground of appeal that the defendant did not regard it as the ground of appeal or that the court below did not consider it as an ex officio

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