The appeal is dismissed.

The grounds of appeal are examined.

In a case where only the prosecutor appealed the judgment of the court of first instance on the ground of unreasonable sentencing and the defendant did not appeal, the defendant may not appeal the judgment of the court of first instance on the ground of erroneous determination of facts, incomplete deliberation, violation of law, etc.

(See Supreme Court Decision 2009Do579 Decided May 28, 2009). According to the records, only the prosecutor appealed on the judgment of conviction of the first instance on the ground of unreasonable sentencing, and the defendant did not appeal. The court below accepted the prosecutor's appeal and rendered a sentence heavier than that of the first instance court against the defendant. In such a case, the argument of misunderstanding of facts and misapprehension of legal principles that the injury is not recognized among the facts charged of this case cannot be a legitimate ground for appeal.

In addition, 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

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