1. The court's decision to adopt the application for examination of evidence may choose not to investigate the application when it deems it unnecessary at the court's discretion (see Supreme Court Decision 2003Do3282, Oct. 10, 2003, etc.). Thus, the court below's decision cannot be deemed unlawful since the court below did not adopt the defendant's application for examination of evidence.

2. The argument that the court below erred in the incomplete deliberation as to the evidence opinion is not a legitimate ground for appeal, since the defendant's assertion that it was based on the appeal or that it was not subject to an ex officio decision by the court below was made in the final appeal.

3. According to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal may be filed on the ground that the judgment of the court below has affected the conclusion of the judgment, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been pronounced.

Therefore, in the instant case where a more minor sentence was imposed on the Defendant, the lower court’s determination on the evidence selection and probative value, or its factual recognition based thereon, or the allegation that points out a misunderstanding of the legal doctrine on the premise of facts different from the facts recognized by the lower court, cannot be a legitimate ground for appeal.

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