The appeal is dismissed.

The grounds of appeal are examined.

Examining the evidence adopted by the court below in light of the relevant legal principles, it is justifiable that the court below recognized the violation of the Punishment of Violences, etc. Act (Habitual Injury) among the facts charged in the instant case as a crime for the reasons stated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there is no error of misapprehending the legal principles as to habituality or fact-finding in violation of logical and empirical rules.

Meanwhile, according to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing may be filed only where the court below rendered a sentence of death or imprisonment with or without prison labor for an indefinite term or for not less

Therefore, in this case where a more minor punishment is imposed on the defendant, an appeal is not allowed to be filed with the Supreme Court for the reason that the amount of punishment is unreasonable.

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