According to the records, the defendant appealed against the judgment of the court of first instance, and argued only the mistake of facts and the illegality of sentencing on the grounds of appeal.

In such a case, the argument that the lower court erred by misapprehending the legal doctrine on accomplice does not constitute a legitimate ground for appeal.

In addition, the argument that there was an error of misunderstanding of facts, omission of judgment, and misapprehension of legal principles due to violation of the rules of evidence in the judgment of the court below is ultimately an unfair ground for sentencing. However, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal based on unfair grounds for sentencing is allowed. As such, the argument that the amount of punishment is unfair in this case where a more minor sentence is imposed against the defendant

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