In a case where only the prosecutor appealed the judgment of the court of first instance on the ground of unfair 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, violation of the rules of evidence, incomplete hearing

(See Supreme Court Decision 2009Do579 Decided May 28, 2009). According to the records, only the prosecutor appealed against each judgment of the first instance on the grounds that the punishment is too somewhat less severe, and the Defendant did not appeal. The lower court accepted the prosecutor’s appeal and rendered a sentence heavier than that of the first instance court against the Defendant.

In this case, the court below's assertion that the court below erred in the misapprehension of legal principles, incomplete hearing or omission of judgment on mental and physical disability is not a legitimate ground for appeal.

In examining the record, there is no illegality as alleged.

In addition, 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 amount of punishment is unreasonable

On the other hand, the argument in the grounds of appeal that the assistance of a public defender was not properly received in the trial proceedings of the court below cannot be accepted in light of the content and degree of the assistance of a public defender in the court below

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