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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
1. Criminal facts have been proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the preparation of evidence and its probative value, which is based on the premise of fact-finding, belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). The allegation in the grounds of appeal disputing the grounds of appeal on fact-finding is merely an error of the lower court’s determination on the choice of evidence and probative value, which belong to the court of fact-finding, and the reasoning of the judgment below is not erroneous in the misapprehension of the free evaluation principle, even if examining the reasoning of the judgment below in light of the aforementioned legal principles and duly admitted evidence.
In addition, the lower court rejected the allegation of the grounds for appeal regarding unfair sentencing, and maintained the sentence that the first instance court sentenced, on the grounds as stated in its reasoning.
The judgment below
Examining the reasoning of the lower judgment in light of various circumstances that are the conditions for sentencing indicated in the record, such as the Defendant’s age and character environment, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime, there is a substantial reason to acknowledge that the determination of the sentence is extremely unfair even if considering the circumstances asserted by the Defendant and the national defense counsel.
subsection (b) of this section.
2. In the event that an appeal is filed against the case of the attachment order, the appeal shall be deemed to have been filed regarding the case of the claim for the attachment order, but the petition for appeal or the statement of grounds for appeal shall not indicate the grounds for appeal.
3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.