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The appeal is dismissed.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of any statement in the supplemental appellate brief 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). On the grounds indicated in its reasoning, the lower court determined that the Defendant’s intentional or unlawfully obtained intent of theft may be recognized against the facts charged in this case, and that the Defendant is not the registered titleholder of the instant excavation season, and thus, the larceny against the instant excavation season is established, and thus, is not the owner, and rejected the allegation in the grounds of appeal for mistake of facts
The ground of appeal disputing such fact-finding by the lower court is merely an error of the lower court’s determination on the evidence selection and probative value, which belong to the free judgment of the fact-finding court.
In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine, the relevant legal doctrine as indicated in the lower judgment, and the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine regarding larceny, or by exceeding the bounds of the principle of free evaluation
In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without 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 by the court below
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.