Even if the self-denunciation under Article 52 (1) of the Criminal Code is merely a reason for voluntary mitigation, it cannot be deemed illegal to not reduce the self-denunciation. Thus, the argument that the court below erred by misapprehending the legal principles concerning the self-denunciation by failing to reduce the self-denunciation even though the court below accepted the self-denunciation by failing to do so, cannot be accepted.

In addition, the argument that the judgment of the court below contains an error of incomplete deliberation as to the circumstances attached to the sentencing is ultimately 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 not less 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 sentencing of the punishment

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