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, the judgment of the court below affected the conclusion.

A final appeal may be made on the ground that there exists a significant reason to recognize the amount of punishment or that the amount of punishment has been extremely unfair.

Therefore, in this case where a more minor sentence is imposed against the defendant, the argument that the court below erred in finding evidence or finding facts based on the judgment of the court below on the selection of evidence and its probative value or on the premise of facts different from the facts recognized by the court below is not a legitimate ground for appeal, and the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

In addition, even upon examining the record, the lower court did not err by infringing the Defendant’s right of pleading, as otherwise alleged in the grounds of appeal.

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