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The appeal is dismissed.
Reasons
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 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, acknowledged the fact that the Defendant sold phiphonephones to C twice, and rejected the Defendant’s allegation on the grounds of appeal as to misunderstanding of facts.
The grounds of appeal disputing this fact-finding by the lower court are merely grounds for the lower court’s determination on the choice of evidence and probative value, which belong to the free judgment 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 in its judgment by exceeding the bounds of free evaluation of evidence, contrary to what is alleged in the grounds of appeal
In addition, pursuant to 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 is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.
In addition, the argument that the court of first instance contests the amount of additional collection recognized by the judgment of the court of first instance is not a legitimate ground for appeal, as the defendant asserts that it is not subject to the judgment by the court below on the grounds of appeal or ex officio.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.