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The appeal is dismissed.
Reasons
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). On the grounds indicated in its reasoning, the court below rejected the allegation in the grounds of appeal concerning mistake of facts and misapprehension of legal principles that the defendant interfered with the business of the victim by force as to the facts of the first instance court, and judged that it cannot be viewed as a justifiable
The part of the grounds of appeal disputing criminal facts acknowledged by the court below is merely an error of the judgment of the court below as to the selection and probative value of evidence belonging to the free judgment of the fact-finding court.
In addition, even when examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on justifiable acts, failing to exhaust all necessary deliberations, or exceeding the bounds of the principle of free evaluation of evidence in violation of
In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed is permitted to file an appeal on the grounds of unfair sentencing. Thus, the determination of the sentence of the
In the same purport, the assertion that there is an error of law in the misapprehension of legal principles as to the method of examining and determining sentencing does not constitute a legitimate ground for appeal as provided in the above provision
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.