According to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed may be used as the ground of appeal in a case where the judgment had an effect on the judgment.

In the instant case where the Defendant was sentenced to a more minor punishment, the lower court erred by misapprehending the facts of the trial and by misapprehending the rules of evidence on the grounds of appeal.

One of the arguments is that it was actually erroneous for the lower court, which is a fact-finding, to establish evidence and to recognize facts, which belong to the exclusive jurisdiction, and it cannot be a legitimate ground for appeal.

On the other hand, the issue of whether the closed pleadings are resumed or not belongs to the court's discretion. Accordingly, the court below dismissed the defendant's motion to resume the pleadings after the closure of pleadings and decided to do so without the resumption of pleadings, or the court below dismissed the defendant's motion to appoint a defense counsel who was not detained and proceeded with the trial.

However, the lower court erred by infringing on the Defendant’s right to defense or the right to a fair trial, as otherwise alleged in the grounds of appeal.

subsection (b) of this section.

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