The appeal is dismissed.

The grounds of appeal are examined.

The court of final appeal is a follow-up trial on the decision of the appellate court, which is not subject to a trial in the appellate court, and therefore, it shall not be deemed a ground of final appeal on the grounds that the defendant alleged in the appellate court as the grounds of final appeal, or that the appellate court is not subject to a trial

(see, e.g., Supreme Court Decision 2006Do5547, Mar. 29, 2007). According to the records, the Defendant appealed against the judgment of the first instance and asserted only unfair sentencing as the grounds for appeal.

Therefore, the ground of appeal purporting to the effect that there is an error of law in the misapprehension of legal principles as to goods dangerous to the judgment below, attempted suspension, etc. is not a matter that the defendant did not assert as the ground of appeal at the court below, and it is not a matter that the court below decided ex

In addition, even in light of the evidence duly admitted, there is no error of law by misapprehending the legal principles regarding dangerous articles, attempted suspension, etc. in the judgment of the court of first instance which maintained the judgment that found all of the facts charged of this case guilty.

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without 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 court below’s argument that the amount of punishment is unreasonable

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