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). For the reasons stated in its reasoning, the lower court rejected the Defendant’s appeal as to the Defendant’s mental and physical disorder on the ground that the Defendant had the ability to discern things at the time of committing the instant crime and did not have the ability or ability to make decisions, and did not have such ability or ability.

The ground of appeal as to this part of the judgment of the court below is the purport of disputing the determination of facts by the court below, and it is merely an error of the judgment of the court below as to the choice of evidence and probative value which belong to the free judgment of the court of fact-finding. In light of the records, even if examining the reasoning of the judgment below, the court below did not err by misapprehending the legal principles as

In addition, examining the reasoning of the lower judgment in light of the reasoning of the lower judgment, that there was an error of law that deviates from the inherent limit of sentencing determination based on the principle of balance of punishment and the principle of responsibility, due to the lack of deliberation on the grounds for sentencing.

Accordingly, under Article 383 subparag. 4 of the Criminal Procedure Act, an appeal may be filed only for cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed. As such, in the instant case where a more minor sentence has been imposed against the Defendant, the argument that the lower court’s punishment is too unreasonable, including the foregoing argument, is not a legitimate ground for appeal.

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