Article 383 subparag. 4 of the Criminal Procedure Act provides that only a case on which death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years has been imposed may file an appeal on the ground that the judgment of the court below had affected the judgment or unreasonable sentencing. In the instant case where a more minor sentence has been imposed on the Defendant, the argument that the lower court simply contests the fact finding of the court below and the selection of evidence, or that the determination of the sentence is unreasonable is not a legitimate ground for appeal.

Therefore, the appeal is dismissed in accordance with Article 380(2) of the Criminal Procedure Act. It is so decided as per Disposition by the assent of all participating Justices.

October 11, 2019

Justices Jo Hee-de

Justices Kim Jae-hyung

Justices Lee Dong-won