The appeal is dismissed.

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the first instance, and asserted a mistake of facts with the grounds of appeal, but withdrawn the grounds of appeal concerning mistake of facts on the date of the first trial of the court below.

In such a case, the argument that there is an error of mistake in the judgment of the court below shall not be a legitimate ground for appeal.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentence is too unreasonable cannot

In addition, in light of all the circumstances indicated in the records, such as the proceedings of the trial by the court below, it is not deemed that the defendant's right to defense and defense counsel is infringed.

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