For reasons indicated in its holding, the lower court rejected the allegation in the grounds of appeal as to mistake of facts, based on its determination that the conflict among the facts charged in the instant case is recognized.

The argument in the grounds of appeal on mistake of facts is merely an error of fact-finding by the fact-finding court in accordance with the principle of free evaluation of evidence, and even if the grounds alleged in the grounds of appeal are examined in light of the evidence duly admitted, the above judgment of the court below is not erroneous

In addition, under 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 has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of

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