According to Article 383 subparagraph 4 of the Criminal Procedure Act, only cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, a final appeal may be filed on the ground that there is a serious mistake in the judgment of the court below. Thus, in this case where the court rendered a suspended sentence of not less than two years and six months, the argument that the court below erred in mistake of facts

Furthermore, even if examining the record, the lower court did not err by misapprehending the legal doctrine as otherwise alleged in the ground of appeal.

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