According to the records, the defendant appealed against the judgment of the first instance and asserted only unfair sentencing as the grounds for appeal.

In such cases, the argument that the lower court erred in calculating the amount of embezzlement does not constitute a legitimate ground of appeal.

Furthermore, the lower court did not err in its determination as otherwise alleged in the grounds of appeal.

Meanwhile, the argument that the judgment of the court below erred in the sentencing criteria constitutes the allegation of unfair sentencing.

However, according 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 defendant’s punishment is too unreasonable cannot

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