According to the records, the defendant appealed against the judgment of the court of first instance, and asserted a mistake of facts and a misapprehension of legal principles as the grounds for appeal along with unfair sentencing, but at the first trial of the court below, withdrawn the allegation of the grounds for appeal by mistake of facts

In such a case, the argument that the lower court erred by misapprehending the legal principles and violating the rules of evidence cannot be a legitimate ground for appeal.

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 judgment of the court below to the effect that there is an error of violation of the rules of evidence

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