The appeal is dismissed.

The grounds of appeal are examined.

The court below reversed the judgment of the first instance and sentenced to a fine on the ground that the defendant constitutes a person under the suspension of sentence.

The judgment below

Examining the reasoning in light of the record, such determination by the lower court is justifiable (see Supreme Court Decision 2004Do4869, Oct. 15, 2004). In so determining, the lower court did not err by misapprehending the legal doctrine on the grounds for disqualification of suspended sentence, contrary to what is alleged in the grounds of appeal.

In addition, according to Article 383, Paragraph 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 is declared, an appeal can be filed on the grounds of unfair sentencing.

Therefore, in this case where a fine is imposed against the defendant, the argument that the sentence 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.