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, the judgment of the court below affected the conclusion.

A final appeal may be made on the ground that there exists a significant reason to recognize the amount of punishment or that the amount of punishment has been extremely unfair.

Therefore, in this case where a more minor sentence is rendered against the defendant, the argument that the court below erred in finding evidence and its probative value or its factual basis, or that it is improper to assert that the defendant's punishment is too unreasonable on the premise of facts different from the facts recognized by the court below, shall not be a legitimate ground for appeal.

Therefore, the appeal is dismissed in accordance with Article 380(2) of the Criminal Procedure Act. It is so decided as per Disposition by the assent of all participating Justices.

February 14, 2020