For the reasons indicated in its holding, the lower court determined that the Defendant did not commit murder, and rejected the grounds of appeal as to the mistake of facts against the Defendant. The allegation in the grounds of appeal disputing intention is merely an error of fact-finding by the fact-finding court in accordance with the principle of free evaluation of evidence, and even in light of the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence.

In addition, pursuant 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 amount of punishment is unreasonable

Other grounds of appeal by the defendant do not constitute legitimate grounds of appeal under Article 383 of the Criminal Procedure Act.

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