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

In such a case, the argument that there is an error of mistake in the judgment of the court below shall not be a legitimate ground for appeal.

In addition, the argument that the judgment of the court below erred in violation of the principle of balanced criminal punishment and the principle of responsibility and deviation from the limit of discretion due to erroneous determination of facts concerning basic facts of sentencing or incomplete deliberation on the circumstances where the conditions of sentencing are attached, constitutes an argument 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 more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

Meanwhile, even if examining the record, it cannot be said that the defendant violated his right of defense due to the lack of sufficient assistance of counsel in the trial procedure by the court below, as alleged in the grounds of appeal.

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