The appeal is dismissed.

We examine the grounds of appeal.

The issue points out that the lower court’s fact-finding was erroneous with regard to the violation of the Punishment of Violences, etc. Act (collectively weapon, etc.) among the facts charged in the instant case.

However, the recognition of facts and the selection and evaluation of evidence conducted on the premise thereof are within the discretionary power of the fact-finding court unless it goes beyond the bounds of the principle of free evaluation of evidence by violating logical and empirical rules.

In light of the records, in this case where it is not possible to find out that the facts established by the court below exceeded the above limit even after examining the reasoning of the judgment below, the above appeal shall not be accepted merely because it criticizes the matters falling under the exclusive authority of the court below.

Meanwhile, under Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing may be filed only when the court below rendered a sentence of death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years. Thus, an appeal to the Supreme Court is not allowed on the grounds that the amount of punishment is unreasonable.

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