The defendant appealed against the judgment of the first instance, and claimed a mistake of facts as to the collection of penalty as well as the grounds for appeal, but withdrawn the grounds for appeal on mistake of facts on the date of the first trial of the original instance, and left only the grounds for unfair sentencing as the grounds for appeal

In such a case, the argument that the judgment of the court below erred in the misconception of facts as to collection cannot be a legitimate ground for appeal.

In addition, the argument that the judgment of the court below is erroneous in selecting the sentencing criteria is the argument 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 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 defendant’s punishment is too unreasonable is not

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