The appeal is dismissed.

The grounds of appeal are examined.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been pronounced, an appeal may be filed on the ground that the judgment of the original court affected the conclusion of the judgment or that the amount of the punishment has been extremely unfair, on the ground that there are substantial

Therefore, in the instant case where a more minor sentence was imposed on the Defendant, the argument that the lower court erred by misapprehending the legal doctrine on the hearing failure, mistake of facts, and illegal naval investigation, and practically determined the choice of evidence and probative value or its factual basis, or that the sentence pointing out the misapprehension of the legal doctrine on the premise of facts different from the facts recognized by the lower court is too unfair is not a legitimate appeal.

The argument that there was an error of misunderstanding of the legal principles as to arrest's illegality is not a legitimate ground for appeal, since the defendant's ground for appeal or the court below's decision did not consider it as an object of judgment ex officio.

In addition, even after examining the record, the court below did not err by infringing the defendant's right of defense, as alleged in the grounds of appeal.

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