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). The court below decided that the fact-finding and decision of the court below which recognized the intention of murder are acceptable, and rejected the grounds for appeal as to the mistake of facts by the defendant disputing it.

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 fact-finding court. The reasoning of the judgment below is not erroneous in the misapprehension of the principle of free evaluation of evidence, even if examining the evidence duly

In addition, under 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 allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument of unfair sentencing that the court below erred in deviation from the limitation

Meanwhile, among the grounds of appeal, the argument that the defendant was in a state of mental disability at the time of the instant case is not a legitimate ground of appeal as it newly asserts in the final appeal that the defendant considered it as the grounds of appeal or that the court below was not subject to

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