According to Article 372 of the Criminal Procedure Act, a non-permanent appeal may be filed only 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 there is a abolition, alteration or amnesty of punishment after the judgment of the court of first instance is rendered, and when there is an error in the application of statutes, it refers to the case where the court of first instance misleads the application of statutes on the premise that

(See Supreme Court Decision 2006Do9338 Decided March 15, 2007). However, the grounds alleged by the Defendant are unreasonable due to insufficient deliberation on sentencing conditions.

The judgment below’s purport that discretionary mitigation provisions are not specified in the original judgment and are unlawful, which does not constitute a legitimate ground for appeal.

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