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, an appeal may be filed on the ground that the judgment of the court below had influenced

In addition, the ground of appeal, which is merely disputing the judgment of the court below on the selection and probative value of evidence belonging to the free judgment of the fact-finding court, or fact-finding based thereon, is not a legitimate ground of appeal

Therefore, in this case where a more minor punishment than the punishment prescribed in the above provision is imposed on the defendant, the argument that the court below's fact-finding, which belongs to the free judgment of the fact-finding court, is not a legitimate ground for appeal as provided in the above provision.

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