The appeal is dismissed.

55 days of detention after an appeal shall be included in the calculation of the original sentence.

We examine the grounds of appeal.

The court below affirmed the judgment of the court of first instance which found the defendant guilty on the grounds that the facts constituting the crime in the judgment can be recognized by taking full account of the employment evidence, and in light of the records, the selection of evidence, fact-finding and judgment in the court of first instance can be justified and acceptable, and there is no violation of the rules of evidence

In addition, a mistake of facts that does not reach the rules of evidence in this case cannot be a legitimate ground for appeal.

Furthermore, in this case where a sentence of imprisonment for less than 10 years has been imposed against the defendant, the argument that the amount of punishment in the original instance is excessive cannot be a legitimate ground for appeal.

Meanwhile, the Defendant did not appear to have weak ability to discern things at the time of committing the instant crime, and thus, the Defendant’s ground of appeal on this point cannot be accepted.

Therefore, the appeal shall be dismissed, and part of the detention days after the appeal shall be included in the original sentence. It is so decided as per Disposition by the assent of all participating Justices on the bench.