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 preparation 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). For the reasons stated in its reasoning, the lower court determined that the Defendant was aware that he was in a state of drinking at the time of committing the instant special assault, but did not have weak ability to discern things or make decisions.

Recognizing this, we do not accept the grounds for appeal claiming mental and physical weakness.

The grounds of appeal disputing this fact-finding by the lower court are merely grounds for the lower court’s determination on the selection of evidence and probative value, which belong to the free judgment of the lower court as a fact-finding court, and the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence, even if examining the grounds of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted.

In addition, according to the records, the defendant appealed against the judgment of the court of first instance, and asserted the misunderstanding of facts or misunderstanding of legal principles as well as unfair sentencing and mental and physical weakness on the grounds of appeal, but at the second trial date of the court below, withdrawn the grounds for appeal by misunderstanding of facts or misunderstanding of legal principles

In such a case, the argument that the lower court erred by mistake of facts or by misunderstanding of legal principles with respect to the portion of violation of the Juvenile Protection Act, etc. is not a legitimate ground for appeal.

Meanwhile, pursuant to Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, a final appeal may be filed on the grounds of unfair sentencing. As such, the argument that the amount of punishment is unfair does not constitute legitimate grounds for final appeal.