The appeal is dismissed.

The grounds of appeal are examined.

According to the records, while filing an appeal against the judgment of the first instance, the defendant asserted that the sentencing was unfair, and that there was a misunderstanding of facts or a misunderstanding of legal principles on the grounds of the appeal, but at the first trial date of the court below, the defendant withdrawn the grounds for appeal on the misunderstanding of facts

In such a case, the argument that the lower court erred by mistake of facts is not a legitimate ground for appeal.

In addition, the argument that the judgment of the court below contains an error of law by misunderstanding the legal principles on the method of sentencing review and sentencing determination is ultimately unfair.

However, considering various circumstances, such as the Defendant’s age character and conduct, intelligence and environment, relationship with the victim, motive and consequence of each of the instant crimes, and circumstances after the crime, there are substantial grounds to recognize that the lower court’s sentencing, which maintained the first instance judgment that sentenced the Defendant to ten years’ imprisonment with prison labor, is extremely unfair even when considering the circumstances asserted by the Defendant and the national defense counsel.

shall not be deemed to exist.

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