In a case where only the prosecutor appealed the judgment of the first instance on the ground of unfair sentencing and the defendant did not appeal, the defendant may not appeal the judgment of the appellate court on the ground of misconception of facts, violation of the rules of evidence, mental and physical disability, hearing of insufficient

(See Supreme Court Decision 2009Do579 Decided May 28, 2009). According to the record, only the prosecutor appealeds the judgment of the first instance on the ground of unfair sentencing that only the prosecutor’s punishment is too minor, and the defendant did not appeal. The court below accepted the prosecutor’s appeal and rendered a sentence heavier than that of the first instance court against the defendant.

In light of the above legal principles, there are no errors in the misapprehension of legal principles as to the “false facts” under Article 250(1) of the Public Official Election Act, nor errors in the misapprehension of legal principles as to the recognition of false facts, nor errors in the misapprehension

In addition, the argument that the judgment of the court below erred by exceeding the inherent limits of sentencing discretion in violation of the principle of balanced criminal punishment and the principle of responsibility is ultimately an allegation of unfair sentencing.

However, according to 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 is imposed, an appeal on the grounds of unfair sentencing

In this case where a fine is imposed against the defendant, the argument that the amount of punishment is inappropriate shall not be a legitimate ground for appeal.

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