According to the records, the defendant appealed against the judgment of the court of first instance, and asserted mistake of facts and misapprehension of legal principles as the grounds of appeal along with unreasonable sentencing, but withdrawn the grounds of appeal for misconception of facts and misapprehension of legal principles as alleged in the fifth trial of the court below.

In such a case, the argument that the judgment of the court below erred in the misconception of facts against the rules of evidence, misunderstanding of legal principles, violation of the principle of no punishment without law, and violation of legislative power

In addition, 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 amount of punishment is unreasonable

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