In a case where only the prosecutor appealed the judgment of the court of first instance on the ground of unreasonable sentencing and the defendant did not appeal, the defendant may not appeal the judgment of the court of first instance on the ground of erroneous determination of facts, incomplete deliberation, violation of law, etc.

(See Supreme Court Decision 2009Do579 Decided May 28, 2009). According to the records, only the prosecutor appealed on the judgment of conviction of the first instance on the ground of unreasonable sentencing, and the defendant did not appeal. The court below accepted the prosecutor's appeal and rendered a sentence heavier than that of the first instance court against the defendant. In such a case, mistake of facts, incomplete hearing, and misapprehension of legal principles cannot be a legitimate ground of appeal.

In addition, the argument that the judgment of the court below violated Article 51 of the Criminal Act and violated the principle of equity and the principle of prohibition of double risk is the argument of unfair sentencing. However, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, an appeal on the ground of unfair sentencing is allowed. Thus, in this case where the court rendered a more minor sentence against the defendant, the argument that the amount

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