1. According to the record as to the Defendant’s grounds of appeal, the Defendant asserted that the Daegu District Court Decision 2012 Highest 6318, 2012 Highest 7401 (Joint) claimed unreasonable sentencing as the grounds of appeal.

In such a case, the argument that the court below erred in the misapprehension of legal principles or misconception of facts as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act (not after the accident) shall not be a legitimate ground for appeal.

In addition, the court below violated the exclusionary rule of illegally obtained evidence.

The assertion that the arrest of the defendant against the defendant is illegal is not a legitimate ground of appeal due to a new argument in the final appeal that the defendant did not serve as the ground of appeal, and even if examining the record, there is no violation of law as alleged by the defendant in the original judgment.

Meanwhile, 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 more 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 amount of punishment is unreasonable

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, it is justifiable for the lower court to dismiss the public prosecution on the ground that the procedure constitutes a case where a public prosecution based on a ship investigation becomes null and void due to a violation of the provisions of the Act, and contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on ship investigation.

On the other hand, the prosecutor appealed against the guilty portion of the judgment of the court below, but there is no statement in the petition of appeal or appellate brief that there is no objection against it.

3. Therefore, all appeals are dismissed.