The appeal is dismissed.

The grounds of appeal are examined.

According to the records, while appealed from the judgment of the first instance, the defendant asserted a mistake of facts as well as the grounds for appeal on the grounds of unfair sentencing, but withdrawal of the grounds for appeal on mistake of facts during the second trial of the original instance, and only left the grounds for unfair sentencing as the grounds for appeal.

In such a case, the argument that the judgment of the court below erred by mistake of facts cannot be a legitimate ground for appeal.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the punishment is unfair

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