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 selection of evidence and 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 indicated in its reasoning, the lower court determined that the Defendant was not in a mental and physical state at the time of committing the instant crime.

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

The ground of appeal disputing this fact-finding by the lower court 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 even if examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not exhaust all necessary deliberations as alleged in the ground of appeal and did not err by exceeding the bounds of free evaluation of evidence.

In addition, the argument that the judgment of the court below is erroneous in the deliberation or misunderstanding of legal principles on the sentencing guidelines is ultimately an unfair argument for sentencing.

Therefore, under 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, an 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 amount of the punishment is unfair, including the above argument, is not a legitimate

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.