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 choice of evidence and probative value of evidence conducted on the premise of fact finding belong to the free judgment of the fact-finding court unless it goes beyond the limit of the free evaluation of evidence.

(Article 308 of the Criminal Procedure Act). For the reasons indicated in its reasoning, the lower court determined that the instant facts charged by the Defendant, in collusion with Co-Defendant A of the lower judgment, was recognized.

The ground of appeal disputing the above judgment of the court below is nothing more than misunderstanding the judgment of the court below on the selection and probative value of the evidence belonging to the free judgment of the court of fact-finding, and it did not err by exceeding the bounds of the principle of free evaluation of evidence or failing to exhaust all necessary deliberations, even when examining the reasoning of the

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is allowed only for cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed. Thus, in this case where a more minor sentence has been imposed on the defendant, the allegation that the defendant failed to exhaust all necessary deliberations on the grounds of unfair sentencing does not constitute legitimate grounds

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