The appeal is dismissed.

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the court of first instance, and asserted mistake of facts as the grounds of appeal along with unreasonable sentencing, but withdrawn the grounds of appeal for mistake of facts as alleged in the second trial of the court below.

In such a case, the argument that there is an error of mistake or misunderstanding of legal principles in the judgment below shall not be a legitimate ground for appeal, and further, even if ex officio examination of the judgment below, there is no error of mistake or misunderstanding of legal principles concerning the criminal intent

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may be filed only where the court below rendered a death penalty, an indefinite term, or an imprisonment or imprisonment without prison labor for not less than ten years. Thus, in this case where the defendant was sentenced to a more minor punishment, the argument that the amount of punishment is unfair

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