According to Article 383 subparagraph 4 of the Criminal Procedure Act, only cases where death penalty, life imprisonment, or imprisonment with or without prison labor 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 by grave mistake of facts.

Therefore, in this case where a more minor sentence is imposed on the defendant, the court below's decision on the selection of evidence and probative value, or the assertion that the court below's decision on the selection of evidence and its probative value or its factual recognition based on it is not a legitimate ground for appeal.

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