According to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years has been pronounced, an appeal may be filed on the ground that the judgment of the court below had influenced

In this case where a more minor sentence is imposed on the defendant, the argument that the court below simply contests the fact-finding and the selection of evidence does not constitute 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 did not accept the defendant's application for examination of evidence

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