1. According to the records, the defendant asserted a mistake of facts by violating the rules of evidence in the statement of grounds for appeal, and notwithstanding the fact that the defendant had not withdrawn the above mistake of facts on the date of the original trial, the court below determined the defendant's grounds

The Defendant asserted a mistake of facts in the grounds of appeal, and the lower court may be deemed to include the allegation that the lower court omitted the judgment on the above grounds of appeal.

However, according to the evidence adopted by the court of first instance maintained by the court below, the facts charged in this case can be fully recognized, and the judgment of the court below did not err in finding facts contrary to the logical and empirical rules, and the above error of omission does not affect the judgment.

Ultimately, this part of the grounds of appeal cannot be accepted.

2. Meanwhile, under Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed. As such, an appeal is not allowed to be filed with the Supreme Court on the grounds of the allegation that the amount of punishment

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