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The appeal is dismissed.
Reasons
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 its probative value, which is based on the premise of fact-finding, belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). The lower court, on the grounds stated in its reasoning, determined that all the criminal facts of injury and special injury in its judgment are guilty.
Of the grounds of appeal, the allegation disputing the determination of facts by the lower court is merely an error of free evaluation of the evidence and probative value of the lower court, which is the legal basis 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 misapprehending the legal doctrine on “hazardous objects” of a legitimate defense and special injury, or by violating the principle of prohibition of statutory and analogical interpretation, contrary to what is alleged in the grounds of appeal.
In addition, in light of the reasoning of the judgment of the court below regarding the grounds for appeal that the judgment of the court below exceeded the limit of the discretion of sentencing, this constitutes an unfair assertion of sentencing.
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 determination of the sentence of the court below, including the above argument, is unfair, cannot
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.