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 is justifiable in the first instance judgment which rejected the Defendant’s assertion asserting that the Defendant was guilty of the death or bodily injury in the judgment of the first instance court and that the Defendant was not in a mental and physical state at the time of the crime.

Accordingly, the defendant did not accept the defendant's allegation of grounds for appeal.

The allegation of the grounds of appeal, which is erroneous in the judgment of the court below, is the purport of disputing the determination of the court below's fact-finding, and is merely an error in the determination of the evidence selection and probative value which belong 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 above legal principles and the relevant legal principles and evidence duly admitted, the judgment of the court below is not erroneous in the misapprehension of the bounds of free evaluation of evidence

In addition, 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 is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment 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.