The appeal is dismissed.

The grounds of appeal are examined.

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

Therefore, in this case where a more minor sentence is imposed on the defendant, the argument that the court below simply contests the fact-finding does not constitute a legitimate ground for appeal.

Furthermore, in light of the evidence duly admitted by the lower court, the lower court did not err by misapprehending the legal doctrine as otherwise alleged in the ground of appeal.

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