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 trial-oriented principle, etc.

The argument that the lower court erred by misapprehending the legal principles as to admissibility of evidence is not a legitimate ground for appeal, which is alleged by the Defendant only in the final appeal that there was no ground for appeal or that the lower court did not consider it as an object of ex officio judgment.

Furthermore, even if examining the relevant legal principles and records, the lower court did not err by misapprehending the legal doctrine on admissibility of evidence.

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 more than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable is not 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.