The argument that the judgment of the court below contains an error of law such as misunderstanding of facts on the basis of sentencing constitutes an unreasonable sentencing argument.

However, 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 is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.

On the other hand, the issue of whether to accept the application for examination of evidence falls under the discretion of the court, and even if the court below rejected the defendant's application for examination of evidence, it cannot

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