The allegation in the grounds of appeal that the court below erred by infringing on the defendant's right to defense and the right to assistance of counsel is not acceptable in light of the progress of the trial by the court below.

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

Therefore, in this case where the defendant was sentenced to a more minor punishment, the argument that the court below simply contests the selection of evidence and the determination of the punishment, which belongs to the exclusive jurisdiction, without any specific argument as to the violation of the law of the court below, cannot be 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.