The appeal is dismissed.

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below was just in finding the changed facts charged as guilty on the grounds stated in its reasoning, and contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence or by misapprehending the relevant legal principles

On the other hand, the argument of misunderstanding of facts as to the sentencing conditions is an argument of unfair sentencing. According to Article 383 subparagraph 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment with or without labor for more than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, the argument that the sentencing of the sentence is unfair is unfair 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.