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The appeal is dismissed.
Reasons
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 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) The lower court, on the grounds as indicated in its reasoning, determined that among the instant charges, ① a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor under the age of 13) and a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a quasi-indecent act by blood relationship) may recognize the fact that an indecent act was committed and the intent of an indecent act was committed on the part of the charges, rejected the allegation in the grounds of appeal on the mistake of facts that raised the objection, and ② a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes concerning the Punishment, etc. of Sexual Crimes (a minor rape under the age of 13), and a violation
The allegation in the grounds of appeal disputing such fact-finding by the lower court is merely an error of the lower court’s determination on the evidence selection and probative value, which belong to the free judgment of the fact-finding court. While examining the reasoning of the lower judgment in light of the aforementioned legal principles and evidence duly admitted, the lower court did not err by exceeding
Meanwhile, 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 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 determination of the sentence by the court below
Therefore, the appeal is therefore filed.