According to the records, the defendant appealed against the judgment of the court of first instance and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that the lower court erred by mistake of facts cannot be a legitimate ground of appeal.

In addition, the argument that the judgment of the court below erred by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules is ultimately an unreasonable sentencing argument.

However, under 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 not less 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 sentencing of the punishment

On the other hand, the issue of whether to accept the application for examination of evidence falls under the discretion of the court, and even if the court below did not accept the defendant's application for examination of evidence

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