According to 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 pronounced, an appeal may be filed on the ground that the judgment of the court below had influenced

Therefore, in this case where a more minor sentence is rendered against the defendant, the defendant's ground of appeal that is contrary to the rules of evidence, mistake of facts, or misapprehension of legal principles is merely a dispute over the judgment of the court below on the choice of evidence and probative value, or an assertion of legal principles on the premise of facts different from the facts recognized by the court below.

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