All appeals are dismissed.

The grounds of appeal are examined.

1. According to the records on the grounds of Defendant A’s appeal, while appealed against the judgment of the first instance, the Defendant asserted that he was erroneous with the sentencing on the grounds of appeal, but revoked the grounds of appeal as to mistake of facts on the first trial date of the lower court.

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 is erroneous in the violation of the rules of evidence, the hearing failure, and the principle of proportionality without regard to the basic facts of sentencing is ultimately an unfair argument of sentencing.

Therefore, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in the instant case where a minor sentence has been imposed against the Defendant, the argument that the amount of the punishment is unfair is not a legitimate

Meanwhile, an appellant or defense counsel shall submit a written reason for appeal to the appellate court within 20 days from the date on which he/she receives the notice of receipt of the records of trial in the appellate court (Article 361-3(1) of the Criminal Procedure Act), and the appellate court shall target the reasons for appeal stated in the petition of appeal or contained in the statement of reasons for appeal submitted within the above period: Provided, That in cases where it is not exceptionally included in the reason for appeal, which affected the conclusion of the judgment, an appeal may be rendered ex officio (Article 364(1) and (2) of the Criminal Procedure Act). Therefore, the defendant or defense counsel stated in the appellate court

Even if such circumstance alone, there was a legitimate ground for appeal as alleged in the statement.

It cannot be seen (see, e.g., Supreme Court Decision 2006Do8488, May 31, 2007). According to the records, the Defendant and the national defense counsel are from the lower court on October 12, 2015.