1. Examining the reasoning of Defendant EL’s appeal, the lower court is justifiable to have rejected Defendant EL’s assertion of mistake as to the sentencing conditions, etc. on the grounds stated in its reasoning.

In so doing, the lower court did not err by misapprehending the legal doctrine on “misunderstanding of facts,” which is the grounds for appeal under Article 361-5 subparag. 14 of the Criminal Procedure Act, thereby adversely affecting the conclusion of the judgment.

2. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for appeal by Defendant B, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is pronounced, an appeal on the grounds of unfair sentencing is allowed.

Defendant

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

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