The appeal is dismissed.

The grounds of appeal are examined.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been pronounced, an appeal may be filed on the ground that the judgment of the court below has influenced the judgment by grave mistake of facts.

Therefore, in this case where a more minor sentence is imposed against the defendant, the argument that the court below's decision on the selection and probative value of evidence or its factual recognition, which actually belongs to the free judgment of the fact-finding court, is not a legitimate ground for appeal.

Meanwhile, Article 323 of the Criminal Procedure Act provides that when a sentence is rendered, the judgment shall clearly state the facts which are punishable by the offense, the summary of evidence and the application of Acts and subordinate statutes (Article 1). The grounds for rejecting the establishment of a crime under law or for increasing a punishment, or when a statement of facts constituting the grounds for reduction or exemption is made (Article 323(2)). However, the denial of criminal facts does not constitute a assertion of facts rejecting the establishment of a crime under Article 323(2) of the Criminal Procedure Act (see Supreme Court Decision 87Do2068, Dec. 8, 1987). Accordingly, the grounds for appeal to the effect that there is an omission of judgment in the judgment of the court below cannot be accepted.

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