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 reasons indicated in its reasoning, the lower court determined that the Defendant did not lack the ability to distinguish things or make decisions at the time of committing the instant crime, and rejected the grounds for appeal claiming mental and physical weakness.

The allegation in the grounds of appeal is the purport of disputing the determination of the lower court on the facts that led to such determination. It is nothing more than denying the lower court’s determination on the selection of evidence and probative value, which belong to the free judgment of the fact-finding court. Even if 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 in its judgment by exceeding the bounds of the principle of free evaluation

In addition, pursuant to 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 is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

On the other hand, the ground of appeal that there was an error of misunderstanding of the facts or misunderstanding of the legal principles as to the establishment of facts constituting an offense in the judgment of the court below is a new assertion in the court of final appeal that the defendant used it as the ground of appeal or did not consider it as the subject of ex officio, and it is not a legitimate ground of appeal.