In a case where only the prosecutor only appealed the judgment of the first instance on the ground of unfair sentencing and the defendant did not appeal, the defendant cannot appeal the judgment of the first instance on the ground of misconception of facts or misapprehension of legal principles, etc.

(See Supreme Court Decision 2009Do579 Decided May 28, 2009). According to the records, only the prosecutor appealed on the grounds of unfair sentencing against the first instance judgment, and the Defendant did not appeal. The lower court accepted the prosecutor’s appeal and rendered a sentence heavier than that of the first instance judgment against the Defendant. Thus, the allegation that the lower court erred in the misapprehension of legal doctrine as to attempted suspension cannot be a legitimate ground for appeal.

In addition, under 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 not less 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.