The argument that the lower court erred by exceeding the inherent limit of the sentencing discretion against the principle of balance of punishment or the principle of accountability in determining the sentencing is ultimately an unfair argument in sentencing.

Therefore, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, an appeal is permitted for the wrongful grounds for sentencing. As such, the argument that the determination of a sentence is unfair is not a legitimate ground for appeal in this case where a minor sentence has been imposed against the defendant.

In addition, even if examining the record, the lower court did not err by violating the law regarding the trial procedure, such as the defendant’s right to defense, right to pleading, and right to a trial.

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