The appeal is dismissed.

The grounds of appeal are examined.

The selection of evidence and fact-finding belong to the exclusive authority of a fact-finding court unless it exceeds the bounds of the principle of free evaluation of evidence.

On the grounds indicated in its reasoning, the lower court found all the altered facts charged (excluding the part not guilty on the ground of the lower judgment) guilty. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court did not have any reason to deem that the lower court exceeded the bounds of the principle of free evaluation of evidence against logical and empirical rules, and did not err in violation of Article 307 of the Criminal Procedure Act.

In addition, the argument that the judgment of the court below is erroneous in taking into account the grounds for sentencing unfavorable to the defendant, while the grounds for sentencing favorable to the defendant are ultimately the allegation of unfair sentencing.

However, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years is imposed, and an appeal on the grounds of unfair sentencing is allowed. Thus, the above assertion in this case where a more minor sentence is imposed on the defendant 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.