The appeal is dismissed.

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court upheld the first instance judgment that convicted of the instant facts charged.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes.

According to the records, the defendant appealed against the judgment of the court of first instance and asserted the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.), impossible attempts, mistake of facts as to mental and physical disorder, or misapprehension of legal principles as well as the grounds for appeal, but withdrawn the grounds for appeal as to the misapprehension of legal principles as to mental and physical disorder on the date

In such a case, the argument that the lower court erred by misapprehending the legal principles as to the crime of intrusion upon residence and mental and physical disorder is not a legitimate ground for appeal.

According to Article 383 subparagraph 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 grounds of unfair sentencing

In this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable cannot be 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.