Where the court of original judgment fails to pay a fine of KRW 7,00,000 to the accused, it shall set the amount of fine per day for the detention of the accused and set the period of detention in the workhouse at the discretion of the court within the limit of Article 69(2) of the Criminal Act.

(See Supreme Court Decision 70Do1813 delivered on November 24, 1970). The court below’s determination of the period of custody to the defendant within the scope of Article 69(2) of the Criminal Act is just, and there is no error of law as alleged in the grounds of appeal.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing may be filed only where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is sentenced. Thus, in this case where a fine is imposed against the defendant, the argument that the sentence is too unreasonable is not a legitimate

In addition, the argument that the payment period of a fine should be extended does not constitute a legitimate ground of appeal under Article 383 of the Criminal Procedure Act.

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