The allegation in the grounds of appeal that there is an error of infringement of the defendant's right to request perusal and copy of trial records and right to defense in the course of trial by the court below is not acceptable in light of the progress of the trial

According to the records, the defendant appealed against the judgment of the court of first instance, and asserted the misapprehension of legal principle as well as unreasonable sentencing as the grounds for appeal, but withdrawn the grounds for appeal as to misapprehension of legal principles on the sixth trial of the court below

In such a case, there is an error of mistake or misunderstanding of legal principles in the judgment below.

The allegation that the investigation procedure of this case is unlawful is not a legitimate ground of appeal.

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 on the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

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