The appeal is dismissed.

The grounds of appeal are examined.

1. According to the records, the Defendant appealed against the judgment of the first instance, and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that the lower court erred by mistake of facts or by misapprehending the legal principles cannot be a legitimate ground for appeal.

And as the victim died, dismissal of prosecution should be ruled.

The defendant's assertion that the right to equality and the right to pursue happiness are infringed by the court date or that the defendant's request for postponement of trial date is not legitimate grounds

Whether or not to postpone the trial date is at the discretion of the court, and there is no error of infringement of the right to equality and the right to pursue happiness in the procedure of the court below that did not accept the application

2. According to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of punishment is unreasonable

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