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 and probative value of evidence conducted on the premise of fact finding belongs to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). The lower court determined that there was no error by mistake in the judgment of the first instance, which found the Defendant guilty of the facts charged, and rejected the grounds for appeal disputing such error.

The ground of appeal on mistake of facts is merely the purport of disputing the judgment of the court below on the selection and probative value of evidence belonging to the free judgment of the fact-finding court, and there is no error of law by exceeding the bounds of the free evaluation of evidence.

In addition, according 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 is imposed, an appeal on the grounds of unfair sentencing

Therefore, in this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

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