The appeal is dismissed.

The grounds of appeal are examined.

In a case where only the prosecutor appealed against the judgment of the first instance on the grounds of unfair sentencing and the defendant did not appeal, the defendant cannot appeal the judgment of the first instance on the grounds of violation of the rules of evidence or misconception of facts due to insufficient deliberation, etc.

(See Supreme Court Decision 2009Do579 Decided May 28, 2009, etc.). According to the records, the prosecutor appealed against the judgment of the first instance on the grounds that the Defendant’s punishment against the Defendant is too minor. While the Defendant appealed, the Defendant did not submit the grounds of appeal within the due period for submission of the grounds of appeal. The court below accepted the prosecutor’s appeal and sentenced the Defendant to a heavier punishment than that of the first instance court.

Ultimately, the Defendant’s assertion that the lower court erred by mistake of facts, etc. is not a legitimate ground for appeal, since the Defendant did not appeal in this case.

Furthermore, the lower court did not err in its determination as otherwise alleged in the grounds of appeal.

In addition, the argument that the court below erred in violation of the principle of balanced criminal punishment, the principle of responsibility, or mistake of facts and incomplete hearing on the grounds for sentencing in sentencing constitutes the argument of unfair sentencing.

However, 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 the punishment

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