Whether to adopt the application for examination of evidence may not be examined when the court deems it unnecessary to do so at the discretion of the court.

(See Supreme Court Decision 2010Do7947 Decided January 27, 2011). The lower court’s rejection of the Defendant’s application for witness cannot be deemed unlawful.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, imprisonment with or without labor for an indefinite term or for not less than ten years has been pronounced, an appeal may be filed on the ground that the judgment of the court below had influenced

In this case where a more minor sentence is imposed on the defendant, the argument that the court below simply contests the fact-finding and the selection of evidence does not constitute a legitimate ground for appeal.

Other grounds of appeal by the defendant do not constitute legitimate grounds of appeal under each subparagraph of Article 383 of the Criminal Procedure Act.

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