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The appeal is dismissed.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
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). Based on its stated reasoning, the lower court reversed the first instance judgment that acquitted the Defendant on the part of the facts charged, and found the Defendant guilty on the grounds that the Defendant was aware that he stolen cash owned by the Victim AY on January 21, 2014.
The allegation in the grounds of appeal is merely an error in the judgment of the court below as to the choice of evidence and probative value, which belong to the free judgment of the court of fact-finding.
In addition, even if 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 exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.
In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the
Meanwhile, although the written ground of appeal submitted by the defendant states that the court below erred in violation of law, misunderstanding legal principles, or admitting mental or physical disorder, it does not state specific grounds for this, it cannot be viewed as a legitimate ground of appeal.
Therefore, the appeal is dismissed. It is so decided by the assent of all participating Justices.