According to the records, the defendant appealed against the judgment of the court of first instance, and asserted a mistake of facts as the grounds for appeal along with unreasonable sentencing and mental and physical disorder, but withdrawn the grounds for appeal of mistake of facts on the first trial date of the

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

In addition, the argument that the court below erred by exceeding the limit of the sentencing discretion in determining the sentence against the defendant is ultimately an unreasonable sentencing argument.

According to 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 defendant’s punishment is too unreasonable cannot

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