The argument that the judgment of the court below contains an error of mistake of facts or lack of trial as to sentencing grounds is ultimately an unfair argument in sentencing.

Accordingly, according to Article 383 (4) of the Criminal Procedure Act, an appeal on the grounds of an unfair sentencing shall be allowed only when the court below rendered a sentence of death or imprisonment with or without prison labor for an indefinite term or for not less than ten years.

In this case where a more minor punishment is imposed against the defendant, the argument that the above assertion and the amount of punishment are unfair shall not be a legitimate ground for appeal.

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