According to the records, although the defendant alleged a mistake of facts in the statement of grounds for appeal, and did not clearly withdraw the above mistake of facts on the trial date of the original court, the court below can find that the defendant's grounds for appeal are limited to unfair sentencing.

The Defendant alleged in the grounds of appeal that he denies the facts charged in the instant case, and the lower court may be deemed to include the allegation that the lower court omitted the judgment on the above grounds of appeal.

However, according to the evidence adopted by the court of first instance maintained by the court below, since the defendant can be fully admitted to the facts charged in this case, the above error of omission does not affect the judgment.

Ultimately, this part of the grounds of appeal cannot be accepted.

Meanwhile, according to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may only be filed in cases where the court below rendered a sentence of death or imprisonment with or without prison labor for an indefinite term or for not less than ten years. Thus, an appeal to the Supreme Court is not allowed on the ground that the amount of punishment

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