In examining the record, there is no violation of the court below's right to assistance of counsel against the defendant in the trial proceedings.

In addition, the argument that the judgment of the court below is erroneous in the misapprehension of the provisions of Article 51 of the Criminal Act and the hearing of sentencing factors favorable to the defendant is ultimately an unfair argument in sentencing.

According to Article 383 (4) of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal shall be allowed on the grounds of unfair sentencing.

In this case where a more minor punishment is imposed against the defendant, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

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