According to the records, the defendant appealed against the judgment of the first instance and asserted only unfair sentencing on the grounds of appeal.

In such cases, the argument that there is an error in the investigation procedure or a judgment without the selection of the national defense counsel in the first instance trial proceeding is violated by the right to receive assistance of the national defense counsel 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 is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

In addition, according to the records, the court below erred in failing to give the defendant and his defense counsel an opportunity to make a final statement.

subsection (b) of this section.

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