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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
According to Article 383 subparagraph 4 of the Criminal Procedure Act, only cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been pronounced, an appeal may be filed on the ground that the judgment of the court below has influenced the judgment by grave mistake of facts.
Therefore, in this case where a more minor sentence is imposed against the defendant, the ground of appeal that points out violation of the rules of evidence, failure of trial, misunderstanding of the legal principles, etc. is nothing more than the judgment of the court of fact-finding or finding facts based on the judgment of the court of fact-finding which actually belongs to the free judgment of the court of fact-finding, or it is nothing more than the misunderstanding of the legal principles based on the facts acknowledged by the court of
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.