1. According to the records as to Defendant A’s grounds of appeal, the Defendant asserted a mistake of facts to the effect that he denies the conspiracy in the grounds of appeal, and the Defendant did not state the above grounds of appeal and not clearly withdraw the aforementioned assertion of mistake of facts on the date of the first trial of the lower court, the lower court can only consider the Defendant’s grounds of appeal as the allegation of unfair sentencing and dismissed the Defendant’s appeal without determining the error

However, in full view of the evidence duly admitted by the first instance court maintained by the court below, the defendant can be found guilty of the facts charged, so the omission of the judgment by the court below does not affect the judgment.

On the other hand, the court below erred by exceeding the limit of sentencing discretion.

The argument to the effect that the sentence or punishment is unfair is ultimately an assertion of unfair sentencing. According to Article 383 subparag. 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed. As such, the argument that the sentencing of the sentence is unfair against the defendant does not constitute a legitimate ground for appeal.

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court as to Defendant B’s grounds of appeal, the lower court was justifiable to have found the Defendant guilty of the facts charged on the grounds stated in its reasoning, and contrary to what is alleged in the grounds of appeal, the lower court did not err in

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