In a case where only the prosecutor appealed against 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, incomplete hearing or violation of statutes.

(2) In light of the records, the court below erred in misunderstanding of facts or misunderstanding of legal principles as to the judgment of conviction on May 28, 2009 (see, e.g., Supreme Court Decision 2009Do579, May 28, 2009). According to the records, the prosecutor only appealed on the ground of unfair sentencing and did not appeal against the defendant. The court below accepted the prosecutor's appeal and rendered a sentence heavier than the judgment of the court of first instance

In addition, the argument that the failure of legal mitigation by the defendant even though he/she voluntarily surrenders constitutes an allegation of unfair sentencing.

However, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed is allowed to file an appeal on the grounds of unfair sentencing. 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.