The appeal is dismissed.

The grounds of appeal are examined.

The principle of prohibition of disadvantageous change should not be sentenced to more severe punishment than that of the judgment of the court below in a case on which the defendant appealed or appealed for the defendant in order to guarantee the defendant's right to appeal.

However, the appeal by the prosecutor on the grounds of unfair sentencing is accepted as a result of the appeal by both the defendant and the prosecutor, and the entire judgment of the first instance is reversed, and thus, the whole sentence against the defendant is not applicable.

(2) In light of the above legal principles and records, in the instant case where both the Defendant and the Prosecutor appealed, the lower court accepted the prosecutor’s appeal on the ground of unfair sentencing and rendered a sentence heavier than that of the first instance judgment while destroying the entire judgment of the first instance, it cannot be deemed that the lower court violated the principle of prohibition of disadvantageous alteration. Thus, the allegation in the grounds of appeal disputing this cannot be accepted.

In addition, pursuant 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 sentencing of the

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