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legal principles as well as unfair sentencing on the grounds of appeal, but at the first trial date of the court below, withdrawn the grounds for appeal as to mistake of facts and misunderstanding of legal principles.

In such a case, the argument that the court below erred in violation of the rules of evidence without hearing is not a legitimate ground for appeal.

In addition, the argument that the lower court’s determination of sentencing contains an error of misunderstanding of the rules of evidence, misunderstanding of facts, and misunderstanding of legal principles, and thus, constitutes an unfair argument of sentencing.

However, examining various circumstances that form the conditions for sentencing as indicated in the record, such as the Defendant’s age and character environment, relationship with the victim, motive, means and consequence of the instant crime, etc., even if considering the circumstances asserted in the grounds of appeal, it cannot be deemed extremely unfair to maintain the judgment of the first instance court that sentenced the Defendant to 15 years of imprisonment with prison labor.

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