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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. As to the Defendant A’s grounds of appeal, the lower court rejected the allegation in the grounds of appeal on this point, recognizing that Defendant A was not in a state of mental disorder at the time of each of the instant crimes, on the grounds indicated
The allegation in the grounds of appeal disputing such judgment of the court below is merely an error of the judgment on the evidence selection and probative value of the court of fact-finding which belong to the free judgment of the court of fact-finding, and even if examining the reasoning of the judgment below in light of the evidence duly admitted, the judgment of the court below is not erroneous.
In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a minor sentence has been imposed on the above defendant, the argument that the sentencing of the sentence is unreasonable
2. As to Defendant B’s grounds of appeal, criminal facts should be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and probative value of evidence based 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 indicated in its reasoning, the lower court determined that Defendant B paid KRW 950,000 to Defendant C as the purchase price for psychotropic drugs, and rejected Defendant B’s allegation in the grounds for appeal for mistake of facts.
The allegation in the grounds of appeal is merely an error of the lower court’s determination on the selection of evidence and probative value, which belong to the free judgment of the fact-finding court, and the lower court’s determination is based on the principle of free evaluation of evidence, even if examining the reasoning of the lower judgment in light of the evidence duly