The appeal is dismissed.

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the first instance, and asserted a mistake of facts as well as unreasonable sentencing as the grounds for appeal, but withdrawn the allegation of facts on the first trial of the court below.

In such a case, the argument that there is an error of mistake in the judgment of the court below shall not be a legitimate ground for appeal.

In addition, under 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 not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed, and thus, in this case where five years have been sentenced to imprisonment with prison labor for the defendant, the argument

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