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 imposed, a final appeal may be filed on the ground that there is a serious mistake of facts in the judgment below. Thus, in this case where one year of suspended execution was sentenced against the defendant for six months of imprisonment, the argument that the judgment below erred in mistake

Furthermore, in light of the evidence duly admitted by the lower court, 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.