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 rejected the Defendant’s allegation in the grounds of appeal as to mistake of facts or misapprehension of legal principles on the determination that the occurrence of the instant accident is one of the main causes, and thus, the Defendant did not illegally change the structure of the dredging boat to secure the safety of dredging boat.

The allegation in the grounds of appeal is nothing more than misunderstanding the judgment of the court below on the selection and probative value of evidence, which actually belongs to the free judgment of the court of fact-finding, and the reasoning of the judgment below is not erroneous by exceeding the bounds of the principle of free evaluation of evidence or by misapprehending the relevant legal principles, even when examining the grounds of the judgment below in light of

The argument that the sentencing of the lower court is against the principle of equity is ultimately subject to the allegation of unfair sentencing.

However, under 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 not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a fine is imposed against the defendant, the above assertion and the argument to the effect that the sentencing of

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