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 preparation of evidence and the 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 stated in its reasoning, acknowledged that the first deliberation judgment on the recognition of the Defendant’s conspiracy relation and functional control over the fact-finding is justifiable, and rejected the grounds for appeal as to the Defendant’s mistake.

The allegation of the grounds of appeal, which is erroneous in the judgment of the court below, is the purport of dispute over the determination of facts by the court below, and it is merely erroneous in the judgment of the court below as to the choice of evidence and probative value belonging to the free judgment of the court of fact-finding. In addition, even if examining the reasoning of the judgment below in light of the evidence duly admitted, the judgment of the court below did not err in the misapprehension of legal principles as to joint principal offenders and

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of the sentence is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

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