Examining the evidence of the first instance court’s adoption maintained by the lower court, the lower court’s determination that the instant facts charged were guilty on the grounds indicated in its reasoning is justifiable.

In so doing, contrary to the allegations in the grounds of appeal, there is no error of finding facts against logical and empirical rules.

Meanwhile, the argument that there was an error of misconception of facts or misunderstanding of legal principles as to collection is not a legitimate ground for appeal as it is asserted by the defendant only when it comes to the final appeal that there was no ground for appeal or that the court below did not make it subject

Furthermore, even if examining ex officio, the lower court did not err as otherwise alleged.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may be filed only when the court below rendered a death penalty, an indefinite term, or an imprisonment or imprisonment without prison labor for not less than ten years. Thus, in this case where a more minor sentence has been imposed on the defendant, an appeal is not allowed to be

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