The appeal is dismissed.

The grounds of appeal are examined.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only cases where 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 court below has influenced the judgment by grave mistake of facts.

Therefore, in this case where a more minor sentence is imposed on the defendant, the argument that the court below's fact-finding is practically disputing with the violation of the duty to explain and the failure to examine is not a legitimate ground for appeal.

In addition, even if examining the record, the court below did not err by infringing the defendant's right to make a statement, the right to assistance of counsel, and the right to apply for evidence against the due process principle 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.