The judgment below

Examining the evidence duly adopted by the court of first instance, the court below’s determination that all of the facts charged in this case is guilty on the grounds stated in its reasoning is just and acceptable, and contrary to what is alleged in the grounds of appeal, there is no error of law by misunderstanding the facts against the rules of evidence.

In addition, the argument that the court below erred in the misapprehension of legal principles as to the specification of the facts charged as to the violation of the Act on the Control of Narcotics, Etc. from Sale of Handphones around May 7, 2013 among the facts charged in the instant case is not a legitimate ground for appeal since the defendant's ground for appeal or the court below did not consider it as being subject to an ex officio decision, and it cannot be a legitimate ground for appeal, and even after ex officio examination, there is no error as alleged in the judgment below.

Meanwhile, Article 383 subparag. 4 of the Criminal Procedure Act that limits the grounds for appeal on the grounds of unfair sentencing is included in the territory of freedom of formation allowed to legislative authority, and thus the above provision of the law cannot be deemed to violate Article 27 of the Constitution. Thus, the argument that the above provision of the law is unconstitutional

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