According to the records, the defendant did not appeal against the judgment of conviction of the first instance, and only the prosecutor appealeds on the ground that the punishment is too unreasonable, and the court below accepted the prosecutor's appeal and rendered a sentence heavier than that of the first instance court.

In a case where only the prosecutor appealed the judgment of the court of first instance on the ground of unfair sentencing and the defendant did not appeal, the defendant may not appeal the judgment of the court of first instance on the ground of misconception of facts, violation of the rules of evidence, incomplete hearing or violation of statutes.

(see, e.g., Supreme Court Decision 2009Do579, May 28, 2009). Therefore, the allegation that the lower court erred by misapprehending the legal doctrine as to mistake of facts or mental or physical disorder is not a legitimate ground for appeal.

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of

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