The appeal is dismissed.

The grounds of appeal are examined.

According to the records, the Defendant asserted a mistake of facts in the statement of grounds for appeal, and even though it is difficult to deem that the Defendant stated the above grounds for appeal and clearly withdrawn the above assertion on the first trial date of the lower court, the lower court did not confirm it properly and did not consider the Defendant’s grounds for appeal as the allegation of unfair sentencing.

However, in light of the relevant legal principles and evidence duly admitted, the lower court’s omission of judgment does not affect the conclusion of the judgment, as it is found guilty.

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.