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). Based on its stated reasoning, the lower court recognized that the Defendant did not lack the ability to discern things or make decisions at the time of committing the instant crime.

The allegation in the grounds of appeal disputing such judgment of the court below is merely an error of 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, and the fact-finding based thereon, and there is no violation of the principle of free evaluation of evidence by examining the reasoning of the

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 more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of punishment is unreasonable

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