The appeal is dismissed.

The grounds of appeal are examined.

Since a final appeal is a follow-up trial on the decision of the appellate court, matters not subject to a review in the appellate court are not different from the scope of the trial in the final appeal, and thus, it shall not be deemed as the grounds for final appeal for reasons other than those which the defendant did not claim as grounds for appeal in the appellate

(See Supreme Court Decision 2006Do2104 Decided June 30, 2006, and Supreme Court Decision 2008Do3808 Decided July 24, 2008, etc.). The assertion that the lower court erred by misunderstanding of facts, self-defense, and misunderstanding of legal principles as to mental and physical disorder is erroneous in the judgment of the lower court. The allegation that only the prosecutor of the first instance court appealed on the ground of unfair sentencing as to the matters not considered by the lower court to be subject to adjudication is merely the first instance court’s final appeal, and thus, it cannot be a legitimate ground for appeal

Furthermore, even in light of the evidence duly admitted by the court below, the court below is just in finding the defendant guilty of the facts charged of this case, and there is no violation of law as alleged in the

In addition, under 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 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

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