1. Defendant A appealed against the judgment of the first instance, and asserted a mistake of facts as well as unreasonable sentencing as the grounds for appeal, but withdrawn the grounds for appeal for mistake of facts on the second trial date of the lower court, and the lower court did not consider the matters alleged in the grounds for appeal ex officio.

In such a case, the argument that the lower court erred by mistake and misapprehension of legal principles 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 may be filed on the ground

Therefore, in this case where the defendant A was sentenced to a more minor sentence, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

2. The lower court convicted Defendant C of the facts charged against Defendant C.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the specification of facts charged

3. The Defendants’ final appeal is dismissed in entirety as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.