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The appeal is dismissed.
Reasons
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 reasons stated in its reasoning, the lower court recognized that the first instance judgment, which found the Defendant guilty of injury or intimidation in the first instance judgment, was justifiable, and rejected the allegation of the grounds for appeal as to mistake of facts.
The grounds of appeal that such determination by the lower court is erroneous are the purport of disputing the lower court’s finding of facts. It is nothing more than denying the lower court’s determination of 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 doctrine and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the relevant legal doctrine or by exceeding the bounds of
In addition, in light of the reasoning of the lower judgment’s reasoning that the lower court did not fully consider the circumstances attached to sentencing, it constitutes an unfair argument for sentencing.
However, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, a final appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence has been imposed against the defendant, the argument that the determination of the sentence by the court below, including the above argument,
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.