The appeal is dismissed.

The grounds of appeal are examined.

According to the records, the Defendant asserted a mistake of facts in the statement of grounds for appeal, and even if the Defendant stated the above grounds for appeal on the first trial date of the lower court and did not clearly withdraw the above assertion, the lower court determined that the Defendant did not render a determination of mistake by deeming the Defendant’s grounds for appeal as an unreasonable sentencing.

However, in light of the relevant legal principles and the evidence duly admitted, the lower court’s omission of judgment does not affect the conclusion of the judgment, as it is found guilty.

The argument that the judgment of the court below contains an error of incomplete deliberation or omission of judgment on the basic facts of sentencing constitutes an 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 not less than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

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