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

In such a case, the argument that the judgment of the court below is erroneous due to the violation of the rules of evidence and the incomplete hearing shall not be a legitimate ground for appeal.

In addition, the argument that the court below erred by misapprehending facts or by misapprehending the legal principles on the judgment of the same kind of crime without failing to exhaust all necessary deliberations as to the conditions of sentencing while sentencing is ultimately an allegation of unfair sentencing.

However, 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 punishment

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