The appeal is dismissed.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

According to the records, the defendant did not appeal against the judgment of conviction in the first instance, and only the prosecutor appealeds on the ground that the punishment is too unfasible, and the court below accepted the prosecutor's appeal and rendered a sentence heavier than that of the first instance court.

In a case where only the prosecutor appealed the judgment of the court of first instance on the ground of unfair sentencing and the defendant did not appeal, the defendant may not appeal the judgment of the court of first instance on the ground of misconception of facts, violation of the rules of evidence, incomplete hearing or violation of statutes.

(see, e.g., Supreme Court Decision 2009Do579, May 28, 2009). Therefore, the lower court’s assertion that the lower court erred by failing to exhaust all necessary deliberations or by misapprehending the facts against the rules of evidence is not a legitimate ground for appeal

In addition, since the Constitution does not have any provision concerning the jurisdiction of the Supreme Court except for the provisions of Article 107(2), the issue of whether to allow an appeal for any reason in a criminal case is a matter of legislative policy, and the provisions of Article 383 subparag. 4 of the Criminal Procedure Act restricting the grounds of appeal on the grounds of unfair sentencing belong to the territory of the freedom of formation permitted to the legislative authority. Thus, the provision of the above Act cannot be deemed as a violation of Article 101(2) of the Constitution of the Republic of Korea or the provisions of Article 101(2) of the Constitution stipulating the rights of the people subject to a judgment of the Supreme Court or a provision that is unconstitutional against the principle of equality (see, e.g., Supreme Court Decision 2007Do1808, Apr. 26, 2007) and Article 383 subparag. 4 of the Criminal Procedure Act.