According to the records, the defendant appealed against the judgment of the first instance and asserted only unfair sentencing on the grounds of appeal.

In such a case, the argument that the lower court erred by mistake of facts or by misunderstanding of legal principles is not a legitimate ground for appeal.

In addition, the argument that the court below erred by misunderstanding the facts or misunderstanding the legal principles in sentencing is ultimately an unfair argument for sentencing.

In that sense, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, a final appeal is permitted on the grounds of unfair sentencing. As such, the argument that the Defendant’s punishment is unfair because it is too minor in the instant case where a minor sentence has been imposed against the Defendant cannot be a legitimate

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