The appeal is dismissed.

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court determined that the first instance judgment which found the Defendant guilty on the part of the facts charged in the instant case was justifiable, and rejected the grounds for appeal as to the mistake of facts by the Defendant disputing this.

The allegation in the grounds of appeal disputing such fact-finding by the lower court is merely an error of the lower court’s determination on the selection and probative value of evidence, which belongs to the free judgment of the fact-finding court.

In addition, even if the reasoning of the lower judgment is examined in light of the evidence duly admitted, it did not err by exceeding the bounds of the principle of free evaluation of evidence.

Meanwhile, 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 that the amount of punishment is unreasonable is not legitimate

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