According to the records, the defendant appealed against the judgment of the first instance, and argued mistake of facts as well as unfair sentencing, but withdrawn the grounds for appeal of mistake of facts on the first trial date of the lower court.

In this case, the argument that the judgment below erred in mistake of facts cannot be a legitimate ground for appeal.

Furthermore, the lower court did not err in its determination as otherwise alleged in the grounds of appeal.

In addition, under 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 not less 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 amount of punishment is unreasonable

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