The issue of whether to adopt the application for examination of evidence may not be examined when the court deems it unnecessary at the discretion of the court (see, e.g., Supreme Court Decision 2003Do3282, Oct. 10, 2003). Thus, even if the court below rejected the defendant's application for examination of evidence, it cannot be said that the court below erred in infringing the defendant's right to defense, as alleged in the grounds of appeal

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

In such a case, the argument that the court below erred in the misapprehension of legal principles, incomplete deliberation, and violation of the rules of evidence cannot be 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.