1. In a case where only the prosecutor appealeds the judgment of the first instance on the ground that the sentencing was unfair, and the defendant did not file an appeal against the judgment of the court of first instance, the defendant cannot be deemed as the ground for appeal against the appellate court’s judgment (see Supreme Court Decision 2009Do579, May 28, 2009). According to the records, the defendant and the person who requested an attachment order (hereinafter “defendant”) appealed against the judgment of the first instance on the ground that the sentencing was unfair, and the prosecutor withdrawn the appeal on December 7, 2015. The prosecutor appealedd the judgment of the first instance on the ground that the sentencing was unfair, and the court below accepted the prosecutor’s appeal and sentenced the defendant heavier than the judgment of the first instance, and thus, the allegation that there was a mistake of facts or a violation of law and regulations cannot be a legitimate ground for appeal.

In addition, the argument that the court below's determination of sentencing contains an error of law that deviates from the limit of sentencing discretion is ultimately an unfair argument of sentencing.

Therefore, under 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, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a minor sentence has been imposed against the defendant, the argument that the amount of the punishment is unfair is not a legitimate ground for appeal.

B. As the Constitution does not have any provision regarding the jurisdiction of the Supreme Court except the provisions of Article 107(2), the issue of whether to allow an appeal for any reason in a criminal case is a matter of legislative policy as well as Article 383 subparag. 4 of the Criminal Procedure Act that limits the grounds for appeal on the grounds of unfair sentencing.