The appeal is dismissed.

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the lower court and the first instance court in light of the evidence duly admitted, it is justifiable for the lower court to have found the Defendant guilty of the modified facts charged on the grounds stated in its reasoning. In so doing, it did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules

In addition, the court's decision to adopt the application for examination of evidence may choose not to investigate it when it deems it unnecessary at the discretion of the court (see Supreme Court Decision 2003Do3282, Oct. 10, 2003). Thus, the court below did not adopt the defendant's application for examination of evidence.

Therefore, it cannot be deemed unlawful.

In addition, pursuant 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 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 sentencing of the

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