According to the records, the defendant appealed against the judgment of the court of first instance, and asserted a mistake of facts with the grounds of appeal, but withdrawn the grounds of appeal concerning mistake of facts on the second trial of the court below.

In such a case, the argument that the court below erred in incomplete deliberation, mistake of facts, or misunderstanding of legal principles cannot be a legitimate ground for appeal.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the defendant’s punishment is too unreasonable

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