Article 383 (4) of the Criminal Procedure Act provides that only a case on which death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years has been pronounced, an appeal may be filed on the ground that the judgment of the court below has influenced the judgment due to a misunderstanding

Therefore, in this case where a more minor punishment was imposed against the defendant, the argument that the court below erred in finding facts or that the amount of punishment is unreasonable is not a legitimate ground for appeal.

Furthermore, even if examining the record, the lower court did not err by misapprehending the legal doctrine as otherwise alleged in the ground of appeal.

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