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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
1. Defendant case;
A. 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 first instance court convicted all the criminal facts in the judgment of the first instance on the grounds as stated in its reasoning, and the lower court maintained its conclusion.
Examining the reasoning of the first instance judgment and the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on liability and mental and physical disorder and exceeding the bounds of the principle of free evaluation of evidence, or by failing to exhaust all necessary deliberations, contrary to what is alleged in the grounds of appeal.
B. Based on its stated reasoning, the lower court rejected the allegation in the grounds of appeal on unreasonable sentencing and maintained the sentence imposed by the first instance court.
The judgment below
Examining the reasoning in light of various circumstances that serve as the conditions for sentencing as shown in the record, such as the Defendant’s age and behavior environment, relationship with the victim, motive, means, and consequence of the crime, the circumstances after the crime, etc., even if considering the circumstances asserted by the Defendant and his defense counsel, the said judgment of the lower court does not have a significant reason to recognize that the sentencing
2. In the event that an appeal is filed against a prosecuted case regarding the attachment order case, the appeal shall be deemed to have been filed regarding the case for which the request for attachment order is filed, but the petition of appeal or the appellate brief shall not state the grounds for objection.
3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.