The judgment below

Examining the reasoning in light of the relevant legal principles and records, it is just for the court below to maintain the court of first instance which found the defendant guilty of the facts charged of this case on the grounds stated in its holding that the act of smuggling of this case cannot be deemed to be due to an illegal undercover operation, and there is no error of incomplete deliberation or misapprehension of legal principles as to undercover operation.

In addition, according to the records, the defendant appealed against the judgment of the first instance, and argued for the misconception of facts or misapprehension of legal principles as to unfair sentencing and naval investigation as the grounds for appeal.

In such a case, the argument that the lower court erred by mistake of facts cannot be a legitimate ground of appeal.

Furthermore, even upon examining records, the lower court did not err by misapprehending the legal doctrine as alleged in the grounds of appeal.

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 one year has been imposed against 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.