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). On the grounds indicated in its reasoning, the lower court rejected the grounds of appeal concerning mistake of facts and misapprehension of legal principles on the determination that all of the facts charged in this case are recognized and the Defendant’s act does not constitute a justifiable act and

The allegation in the grounds of appeal disputing such fact-finding by the lower court is merely an error of the lower court’s decision on the selection and probative value of evidence, which is the free judgment of the fact-finding court.

In addition, even if examining the reasoning of the judgment below in light of the above legal principles, the evidence duly admitted and the record, contrary to what is alleged in the grounds of appeal, the court below violated the legal principles as to the degree of proof necessary for conviction and the principle of trial of evidence. In so doing, the court below erred by misapprehending the legal principles as to hearsay evidence and admissibility of evidence, thereby misapprehending the legal principles as to the admissibility of a prosecutor's protocol of examination of evidence prepared by R (41 times) and the statement in the court of first instance in R, thereby adversely affecting the conclusion of the judgment, by misapprehending the legal principles as to obstruction of business

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is permitted. Thus, in this case where a more minor sentence has been imposed on the defendant, the ground of appeal stating that the court below erred by not taking into account the circumstances agreed with the victims, etc