In a case where only the prosecutor appealed the judgment of the first instance on the ground of unfair sentencing and the defendant did not appeal, the defendant may not appeal the judgment of the appellate court on the ground of misconception of facts, violation of the rules of evidence, mental and physical disability, hearing of insufficient

(see, e.g., Supreme Court Decision 2009Do579, May 28, 2009). According to the records, only the prosecutor appealeds the judgment of the first instance on the ground of unfair sentencing that only the prosecutor’s punishment is too minor, 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 court against the Defendant.

In light of the above legal principles, the argument that the court below erred in incomplete deliberation or misapprehension of legal principles as to mental disorder is not 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.