In a case where a prosecutor only filed an appeal against the judgment of the first instance on the grounds of unfair sentencing, and the defendant did not file an appeal, the defendant cannot be deemed as the ground for appeal against the judgment of the first instance on the grounds of misconception of facts or misunderstanding of legal principles (see Supreme Court Decision 2009Do579, May 28, 2009). According to the records, only the prosecutor appealed the judgment of the first instance on the grounds of unfair sentencing. The court below’s acceptance of the prosecutor’s appeal and reversed the judgment of the first instance and sentenced the defendant a sentence heavier than the judgment of the first instance.

In such a case, the argument that the lower court erred by misapprehending the legal doctrine cannot serve as a legitimate ground for appeal, and even upon examining records, the lower court did not err by misapprehending the legal doctrine on embezzlement, thereby adversely affecting the conclusion of the judgment.

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