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 preparation of evidence and the 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 grounds for appeal are purporting to dispute the fact-finding of the lower court that rejected the Defendant’s allegation of the grounds for appeal as to mistake of facts and misapprehension of the legal doctrine. It is nothing more than factually attributable to the lower court’s determination on the choice 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 aforementioned legal principles, the relevant legal principles as to groundwater utilization, and the evidence duly admitted, there were no errors by misapprehending the legal doctrine on groundwater use,

In addition, pursuant to Article 338 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

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