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

Therefore, in this case where a more minor sentence is imposed on the defendant, it is not a legitimate ground for appeal merely arguing that the selection of evidence and the recognition of facts belonging to the exclusive jurisdiction of the court below are not a legitimate ground for appeal.

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