According to Article 372 of the Criminal Procedure Act, a non-permanent appeal may be filed when the facts recognized by the judgment of the court of first instance are not applicable, when there is an error in the application of statutes, or when a punishment is repealed, modified or pardoned after the judgment of the court of first instance is rendered.

The term "when there is an error in the application of the law" refers to a case where the application of the law is erroneous on the premise that the judgment of the court of first instance is recognized.

(See Supreme Court Decision 2006Do9338 Decided March 15, 2007). The grounds asserted by a state appointed defense counsel as the grounds for final appeal are erroneous in the misapprehension of the judgment below’s discretionary power of sentencing, and eventually, the court below’s punishment is too unreasonable and thus, cannot be deemed legitimate grounds for final appeal.

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