The appeal is dismissed.

The grounds of appeal are examined.

In a case where a prosecutor only filed an appeal against the judgment of the first instance on the grounds of unfair sentencing, and the defendant did not file an appeal, the defendant cannot be deemed as the grounds for appeal against the judgment of the first instance on the grounds of misconception of facts or misunderstanding of legal principles (see Supreme Court Decision 2009Do579, May 28, 2009). According to the records, only the prosecutor appealed against the judgment of the first instance on the grounds of unfair sentencing. The court below’s acceptance of the prosecutor’s appeal and reversed the judgment of the first instance and sentenced the defendant a sentence heavier than the first instance court.

In such a case, the argument that the lower court erred by misapprehending the legal doctrine cannot serve as a legitimate ground for appeal.

In addition, even after examining the record, there is no error of law that affected the judgment by infringing on the right to assistance of the national defense counsel in the trial of the court below.

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