The appeal is dismissed.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

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 preparation of evidence and the 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, determined that the first instance judgment against the Defendant’s alleged criminal facts in the first instance judgment is justifiable, and rejected the allegation of the grounds for appeal by mistake of fact-finding.

The ground of appeal that the above judgment of the court below is unlawful is the purport of disputing the court below's finding of facts. It is nothing more than denying the judgment of the court below on the selection and probative value of evidence belonging to the free judgment of the court of fact-finding. In addition, even when examining the reasoning of the judgment below in light of the aforementioned legal principles and the evidence duly admitted, the court below did not err by misapprehending the legal principles on the presumption of innocence, the principle of presumption of innocence, the principle of trial of evidence, and the medical certificate, etc., contrary to what is alleged in the ground of appeal.

In addition, considering the reasoning of the judgment of the court below regarding the grounds for appeal that there is an error of law inherent in the judgment of the court below, the above grounds for appeal constitute an unfair argument of sentencing.

Therefore, under Article 383 subparag. 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 the instant case where the Defendant was sentenced to a more minor punishment, the lower court’s sentence, including