The appeal is dismissed.

The grounds of appeal are examined.

According to the records, the defendant asserted a mistake of facts as to the facts charged in this case in the grounds of appeal, and the court below's first trial date did not clearly state the above grounds of appeal and not clearly withdraw the above grounds of appeal, but the court below rejected the appeal by deeming the defendant's grounds of appeal only as the grounds of unfair sentencing, and dismissed the appeal without determining the mistake of facts.

However, in full view of the evidence duly admitted by the first instance court, it can be recognized that the defendant inflicted an injury on the victim as stated in the facts charged.

Ultimately, the omission of the above judgment by the court below does not affect the conclusion of the judgment.

Meanwhile, under Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may only be lodged by death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years. Thus, in this case where a more minor sentence was imposed on the defendant, an appeal is not allowed to be filed with the Supreme Court on the ground

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