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). On the grounds indicated in its reasoning, the lower court determined that the Defendant committed a assault with B as to the part concerning the violation of the Punishment of Violences, etc. Act (joint injury) among the facts charged in the instant case, and rejected the Defendant’s allegation of the grounds for appeal asserting a mistake of facts

The allegation in the grounds of appeal is merely an error of the judgment of the court below on the selection and probative value of evidence, which belongs to the free judgment of the fact-finding court.

In addition, even if the grounds alleged in the grounds of appeal are examined in light of the evidence duly admitted, the lower court did not err in its judgment by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, by misapprehending the legal doctrine regarding the recognition of reduced facts and the guarantee of the defendant’s right to defense, or by exceeding

In addition, pursuant 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 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

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