The appeal is dismissed.

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court upheld the first instance judgment convicting the Defendant of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on “the purpose of return” in the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, without exhaust all necessary deliberations, contrary to what is alleged in the grounds of appeal.

According to 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 is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

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