According to the records, the defendant appealed against the judgment of the first instance, and asserted a mistake of facts with the grounds of appeal, but withdrawn the grounds of appeal concerning mistake of facts on the date of the first trial of the court below.

In such a case, the argument that the court below erred in violation of law is not a legitimate ground for appeal.

In addition, under 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 sentencing of the

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