The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower court, the lower court, based on its consistent opinion by the Supreme Court and the Constitutional Court, found all of the facts charged, is justifiable (see, e.g., Supreme Court Decisions 2011Do3898, Jun. 10, 201; 2006Hun-Ba94, Nov. 27, 2008; 2007Hun-Ba19, Nov. 27, 2008). In so doing, the lower court did not err by violating the Constitution or by misapprehending the legal doctrine on the defendant’s right to defense and sentencing guidelines, etc.

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may be filed only where the court below rendered a death penalty, an indefinite term, or an imprisonment or imprisonment without prison labor for not less than ten years. Thus, in this case where the defendant was sentenced to a more minor punishment, the argument that the amount of punishment is unfair

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