The appeal is dismissed.

The grounds of appeal are examined.

In light of the relevant legal principles and evidence, the lower court did not fully exhaust all necessary deliberations as alleged in the grounds of appeal and did not err by misapprehending the legal doctrine on the mistake of facts, the legality of emergency arrest and investigation procedures, and the specification of facts charged, etc. by misapprehending the rules of evidence.

Meanwhile, pursuant to Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, the argument that the Defendant’s punishment is unfair because it is too minor for the Defendant to be imposed is not a legitimate ground for appeal.

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