The appeal is dismissed.

The grounds of appeal are examined.

For reasons indicated in its holding, the lower court rejected the Defendant’s allegation of grounds of appeal as to misapprehension of the legal doctrine, on the grounds that the first instance court determined the punishment of the instant crime by taking account of equity and the case of concurrent crimes in which the instant crime and the judgment already became final and conclusive, as well as the case of concurrent crimes under Article 37 of the Criminal Act

The judgment below

Even if examining the reasoning of the judgment below in light of the record, it did not err by misapprehending the legal principles as to Article 39(1) of the Criminal Act, as alleged in the grounds of appeal.

Meanwhile, according to the records, while filing an appeal against the judgment of the first instance, the Defendant asserted the misunderstanding of legal principles and the misunderstanding of facts, together with the misunderstanding of sentencing, on the grounds of the appeal, but revoked the grounds for appeal as to misunderstanding of facts on the first trial date of the lower court

In such a case, the allegation that the lower court erred by misapprehending the legal doctrine on the probative value of evidence, thereby adversely recognizing facts constituting an offense or omitting judgment thereon is not a legitimate ground for appeal.

In addition, in light of the reasoning of the lower judgment regarding the grounds for appeal that the lower court’s sentencing erred by deviating from, abusing, and exceeding the bounds of the principle of free evaluation of evidence, the grounds for appeal are ultimately unfair.

Therefore, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases 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 this case where a more minor sentence has been imposed against the defendant, the argument that the amount of the punishment is unfair, including the above argument, is not a legitimate

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