According to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years has been pronounced, an appeal may be filed on the ground that the judgment of the court below had influenced

In addition, the ground of appeal, which is merely disputing the judgment of the court below on the selection and probative value of evidence belonging to the free judgment of the fact-finding court, or the fact-finding based thereon, cannot be a legitimate ground

The Defendant’s allegation in the grounds of appeal is merely an error of the lower court’s determination on the selection and probative value of evidence, which is a substantial judgment of the fact-finding court, and thus does not constitute legitimate grounds of appeal as stipulated in the above provision.

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