The appeal is dismissed.

The grounds of appeal are examined.

The lower court reversed the judgment of the first instance on the grounds that the Defendant was led to a confession prior to confirmation of the judgment on the case reported by the Defendant, and sentenced the Defendant to the imprisonment for four months as in the first instance trial through a mitigation of the law by the application of the statute.

In contrast to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on statutory mitigation under Articles 157 and 153 of the Criminal Act.

Meanwhile, according to the records, while filing an appeal against the judgment of the court below, the defendant argued the mistake of facts and the illegality of sentencing on the grounds of appeal, but withdrawn the grounds for appeal against mistake of facts on the first trial date of the court below.

In such a case, the argument that the lower court erred in the violation of the rules of evidence and the failure to examine 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.