Although a sentence lower than a sentence imposed by the court of first instance is to be imposed on the defendant, the defendant's appeal is dismissed, and thus, the allegation that the court below erred by violating Articles 53 and 55 of the Criminal Act or by misunderstanding facts concerning the circumstances on which the sentencing conditions are imposed constitutes an allegation of unfair sentencing.

However, under 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 more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate

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