The appeal is dismissed.

The grounds of appeal are examined.

The allegation in the grounds of appeal that the court below found the defendant guilty despite the fact that the defendant was unaware of the victim's standing and did not intend to injure the victim, constitutes a mistake of facts.

However, the recognition of facts and the selection and evaluation of evidence conducted on the premise thereof are within the discretionary power of the fact-finding court unless it exceeds the limit of the free evaluation of evidence.

The judgment below

In light of the records, the fact-finding by the court below is not recognized to have exceeded the above limits in violation of logical and empirical rules.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years

In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable cannot be 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.