The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment, the court below was just in finding the Defendant guilty of violating the Punishment of Violences, etc. Act (collectively weapons, etc.) among the facts charged in the instant case on the grounds stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles on "the carrying a deadly weapon or other dangerous articles" under Article 3 (1) of the Punishment of Violences, etc. Act, by misapprehending the bounds of the principle of free evaluation

In addition, according to the records, the defendant appealed against the judgment of the court of first instance, and argued mental and physical disability along with misconception of facts and unfair sentencing as the grounds for appeal, but has withdrawn the grounds for appeal as to mental and physical disability during the first trial of the court below.

In such a case, the argument that the judgment of the court below contains an error of mistake or misunderstanding of legal principles as to mental illness does not constitute a legitimate ground for appeal.

In addition, pursuant 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 more 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 amount of punishment is unreasonable

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