The appeal is dismissed.

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 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 reversed the first instance judgment that acquitted the Defendant, and found the Defendant guilty on the ground that it was found that the Defendant purchased, sold, or received philophones as shown in the facts charged

The part of the ground of appeal disputing the lower court’s fact-finding is merely an error of the lower court’s determination on the selection and probative value of evidence, which is the free judgment of the fact-finding court.

In addition, 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 misapprehending the legal doctrine on “not known whereabouts of foreign residence”, which is an element for recognizing exceptions to the admissibility of evidence under Article 314 of the Criminal Procedure Act, contrary to what is alleged in the grounds of appeal, thereby exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules without exhaust all necessary deliberations

In addition, pursuant to 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 has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the

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