The appeal is dismissed.

The grounds of appeal are examined.

According to the records, while filing an appeal against the judgment of the first instance, the defendant argued that there was a misunderstanding of facts, misunderstanding of legal principles as well as unfair sentencing on the grounds of appeal, but at the first trial date of the court below, the defendant withdrawn the remaining grounds for appeal except unfair sentencing.

In such a case, the argument that the lower court erred by misapprehending the legal principles and by violating the rules of evidence cannot be a legitimate ground for appeal.

In addition, according to Article 383 (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, a final appeal shall be allowed on the grounds of unfair sentencing.

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

Therefore, the appeal is dismissed in accordance with Article 380(2) of the Criminal Procedure Act. It is so decided as per Disposition by the assent of all participating Justices on the bench.

May 4, 2018