The argument that the judgment of the court of first instance is reversed and that the method of sentencing review and sentencing judgment of the court below that rendered a sentence significantly different is unlawful on the ground that the sentence sentenced by the court of first instance is unfair, even though there is no change in the conditions of sentencing, constitutes an unfair argument in sentencing.

According to Article 383 (4) of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal shall be allowed on the grounds of unfair sentencing.

In this case where a more minor punishment is imposed against the defendant, the argument that the amount of punishment is unfair 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.