The appeal is dismissed.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

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 fact was found to have been obtained by deceiving the victim P by deceiving the victim, and rejected the grounds for appeal as to the mistake of facts.

The grounds of appeal disputing the lower court’s factual recognition are nothing more than misunderstanding the lower court’s determination on the selection and probative value of evidence, which substantially belongs 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 by exceeding the bounds of the principle of free evaluation of evidence, contrary to what is alleged in the grounds of appeal.

In addition, in light of the reasoning of the lower judgment, the above assertion constitutes an unfair argument in sentencing, and examining the grounds for appeal that there was an error of misunderstanding of legal principles in the sentencing hearing and sentencing judgment of the lower court.

Therefore, under 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 has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence has been imposed against the defendant, the argument that the amount of the punishment is unfair, including the above argument, is not a legitimate

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