The judgment of the court below is erroneous in the misunderstanding of facts or misunderstanding of legal principles as to the grounds for illegality

The argument that there was a mistake in the investigation procedure or a mistake in the investigation procedure is not a legitimate ground for appeal, as it is alleged by the defendant only in the final appeal that there was no ground for appeal or that the court below did not consider it as a subject of ex officio.

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 was imposed against the defendant, the argument that the court below erred in finding evidence selection and probative value or finding facts based on it, or that it points out the misapprehension of legal principles based on the facts acknowledged by the court below is not a legitimate ground for appeal.

In addition, even if examining the record, the court below did not err by infringing the defendant's right of defense, as alleged in the grounds of appeal.

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