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The appeal is dismissed.
Reasons
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 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). The lower court, on the grounds stated in its reasoning, determined that all criminal facts in its holding were guilty.
Of the grounds of appeal, the allegation of the lower court’s factual determination is merely an error of the lower court’s determination of free evaluation of evidence and probative value, which is the legal basis of the fact-finding court. In addition, even when examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on abuse of public prosecution rights, failing to exhaust all necessary deliberations, or exceeding the bounds of free evaluation of evidence
In addition, in light of the reasoning of the lower judgment, the grounds of appeal alleged to the effect that the lower court erred by misapprehending the legal principles on the violation of the rules of experience or the rules of evidence and the sentencing guidelines, etc., constitutes an unfair assertion of sentencing.
Therefore, under Article 383 subparagraph 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 this case where a more minor sentence has been imposed against the defendant, the argument that the determination of the sentence of the court below, including the above argument, is unfair, cannot
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.