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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
1. The establishment of facts constituting the offense of the accused case shall reach the level of proof with 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). The lower court, on the grounds indicated in its reasoning, determined that the first instance court’s determination, which recognized the credibility of the victim’s statement and recognized the fact that the defendant has inflicted an injury by assaulting and rapeing the victim, was justifiable, and rejected the grounds for appeal on the mistake
The allegation in the grounds of appeal disputing the fact-finding of the lower court, including the credibility of statements by victims and witnesses, is nothing more than disputing the lower court’s determination on the selection and probative value of evidence belonging to the free judgment of the fact-finding court. While examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on the degree of proof necessary for the recognition of guilt, or by exceeding the bounds of
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 amount of punishment is unreasonable
2. As to the claim for the attachment order, the argument in the grounds of appeal disputing the crime of rape, bodily injury, etc. of the defendant case, which is the cause of the claim for the attachment order of this case cannot be accepted for the same reasons as above.
3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.