The court below reversed the judgment of the court of first instance on the ground that the defendant was led to a confession before the judgment on perjury became final and conclusive, and sentenced the defendant to a punishment for six months identical to the judgment of the court of first instance by applying statutes, subject to statutory mitigation. In so doing, contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles on statutory mitigation under Article 153 of the Criminal Act.

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

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