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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
1. Although the recognition of facts pertaining to the Defendant’s case ought to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act), the selection of evidence and the probative value of evidence, which is based 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 stated in its reasoning, determined that the act of injury by the Defendant and the person who was under medical care and custody (hereinafter “Defendant”) does not constitute legitimate defense, and rejected the allegation of the grounds for appeal.
The allegation in the grounds of appeal is the purport of disputing the recognition of facts that served as the basis of the judgment of the court below, and it is nothing more than denying the judgment of the court below on the selection and probative value of evidence belonging to the free judgment of the court of fact-finding. In addition, even if examining the reasoning of the judgment below in light of the above legal principles and the evidence duly admitted, the judgment of the court below did not err by misapprehending the legal principles on the defense of a party
Meanwhile, the argument in the grounds of appeal purporting that the defendant was in a state of mental and physical loss at the time of committing the crime of this case is not a legitimate ground of appeal, as it newly asserts in the final appeal that the defendant was either the ground of appeal at the original court
2. As long as the Defendant filed an appeal against the Defendant’s medical treatment, care and custody claim, an appeal is deemed to have been filed as to the medical treatment, custody and custody claim. However, there is no statement in the petition of appeal or the grounds of appeal that the appeal is groundless.
3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.