At the preparatory proceedings, the first instance court appointed the defense counsel of the defendant as the national defense counsel of the defendant, who is the accomplice of a violation of the Punishment of Violences, etc. Act (Composition of Organizations, etc.) by the defendant.

The defendant's right to assistance of counsel was infringed in light of the details of the selection and replacement of the national defense counsel and the details of the argument.

It does not appear.

Therefore, the lower court’s judgment that maintained the first instance judgment was erroneous, such as infringement of rights to receive counsel’s assistance.

Therefore, the ground of appeal cannot be accepted.

In addition, according to the records, the defendant appealed against the judgment of the first instance and argued only unfair sentencing on the grounds of appeal.

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

In addition, pursuant 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 not less than ten years has been imposed, a final appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence has been imposed against the defendant, the argument that the amount of punishment is unfair is not a legitimate

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