1. Where a prosecutor only appealed the judgment of the court of first instance on the grounds of unfair sentencing, and the defendant did not appeal as to the defendant's grounds of appeal, the defendant cannot be deemed as the grounds of appeal on the grounds of mistake of facts or misapprehension of legal principles regarding

(See Supreme Court Decision 2009Do579 Decided May 28, 2009). According to the records, only the prosecutor appealed on the grounds of unfair sentencing against the first instance judgment, 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 judgment against the Defendant. Thus, the allegation that there was an error of mistake of facts in the lower judgment cannot be a legitimate ground for appeal.

In addition, pursuant to 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 more 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

2. Although examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor, the lower court’s judgment convicting the Defendant on the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. except for the corresponding part of the crime list attached to the lower judgment among the instant facts charged on the ground that there was no proof of crime in the list of crimes attached to the lower court, and the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in

3. All appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.