The appeal is dismissed.

The grounds of appeal are examined.

According to the records, while filing an appeal against the judgment of the first instance, the defendant asserted the misunderstanding of facts and misunderstanding of legal principles as well as unfair sentencing on the grounds of appeal, but at the sixth trial date of the court below, the defendant withdrawn the grounds for appeal by mistake of facts and misunderstanding of legal principles.

In such a case, the argument that the lower court erred by mistake of facts is not 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 prison labor for not less than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

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