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The appeal is dismissed.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal not timely filed).
The judgment below
Examining the evidence duly adopted by the first instance court, which maintained the reasoning of the judgment below, the court below was just in finding the Defendant guilty of the facts charged of this case on the grounds as stated in its reasoning, and there were no errors in the misapprehension of legal principles as to facts beyond the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, without failing to exhaust all necessary deliberations as alleged in the grounds of appeal.
In addition, even after examining the record, this case does not constitute “when there is a ground for request for a retrial” under Article 383 subparag. 3 of the Criminal Procedure Act.
In addition, according to the records, the defendant appealed against the judgment of the court of first instance, and argued that there was a misunderstanding of facts on the grounds of appeal, and that there was a withdrawal of the grounds of appeal as to the misunderstanding of legal principles other than legitimate defense on the first trial date of the court below.
In such a case, the argument that the lower court erred by misapprehending the legal doctrine on admissibility of evidence 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.