According to the records, the defendant appealed from the judgment of the court of first instance, and argued mistake of facts as well as unfair sentencing, but withdrawn the grounds for appeal for mistake of facts on the second trial of the court below.

In such cases, the argument that there is an error of mistake in the judgment of the court below as to the amount of deception or fraud shall not be a legitimate ground for appeal.

Furthermore, the lower court did not err in its determination as otherwise alleged in the grounds of appeal.

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, the argument that the Defendant’s punishment is too unreasonable is not a legitimate ground for appeal.

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