The appeal is dismissed.

The grounds for appeal are examined.

According to the records, the defendant appealed against the judgment of the court of first instance, and argued the misunderstanding of facts as well as unfair sentencing on the grounds of appeal, but at the first trial date of the court below, withdrawn the grounds for appeal of mistake of facts on the grounds of appeal.

In such a case, the argument that the lower court erred by mistake of facts is not a legitimate ground for appeal.

In addition, the argument that the lower judgment erred by misapprehending the legal doctrine on sentencing is ultimately an unreasonable argument in sentencing.

Therefore, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, an appeal is permitted for the wrongful grounds for sentencing. As such, the argument that the determination of a sentence is unfair is not a legitimate ground for appeal in this case where a minor sentence has been imposed against the defendant.

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