According to Article 383 subparagraph 4 of the Criminal Procedure Act, only cases where death penalty, imprisonment with or without labor for an indefinite term or for not less than ten years has been imposed, an appeal may be filed on the ground that the judgment of the court below had affected the conclusion of the judgment. Thus, in this case where a minor sentence has been pronounced against the defendant, the argument that the court below's fact-finding and the selection of

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