The appeal is dismissed.

The grounds of appeal are examined.

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court is justifiable to have determined that all of the facts charged in the instant case is guilty, and contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on presumption of innocence, joint principal offender, and victim’s credibility.

In addition, the argument that the court below erred in the misapprehension of legal principles as to the interpretation and application of Article 39(1) of the Criminal Act and Article 51 of the Criminal Act in the determination of sentencing is an assertion of unfair sentencing. However, under Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, an appeal on the ground of unfair sentencing is allowed. Thus, in this case where a more minor sentence is imposed on the defendant,

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