The summary appeal is dismissed.

The summary grounds of appeal are examined.

According to Article 372 of the Criminal Procedure Act, a non-permanent appeal may be filed only when the facts recognized by the judgment of the court of first instance are not applicable, when there is an error in the application of statutes, or when there is a abolition, alteration or amnesty of punishment after the judgment of the court of first instance is rendered, and when there is an error in the application of statutes, it refers to the case where the application of statutes is erroneous on the premise that the judgment of the court of

(see Supreme Court Decision 2006Do9338, Mar. 15, 2007). However, the Defendant and a public defender merely purport that the sentencing of the first instance court is unfair, and thus, are not legitimate grounds for final appeal.

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