The appeal is dismissed.

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the first instance, and asserted a mistake of facts as well as an unreasonable sentencing on the grounds of appeal, but withdrawn the assertion of mistake of facts on the date of the first trial of the original instance and left the ground of unfair sentencing only as the grounds of appeal.

In such a case, the argument that there is an error of mistake in the judgment of the court below shall not be a legitimate ground for appeal.

Furthermore, even after examining the record, the judgment of the court below does not seem to have any illegality that may affect the judgment, as otherwise alleged by the defense counsel.

In addition, pursuant 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 more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of punishment is unreasonable

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