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 asserted that the sentencing was unfair on the grounds of the appeal and that there was misconception of facts and misapprehension of legal principles, but at the second trial date of the court below, the Defendant withdrawn the grounds for appeal as to mistake of facts and misunderstanding of legal principles and asserted only the unfair sentencing

In such a case, the argument that the lower court erred by misunderstanding the facts, misunderstanding the rules of evidence, excluding illegally collected evidence, misunderstanding the rules of exclusion from confession, misunderstanding the legal principles on burden of proof, etc. is not a legitimate ground for appeal.

On the other hand, the record contains no violation of the defendant's right to defense and right to refuse to make statements in the trial procedure of the court below.

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 punishment is imposed against the defendant, the argument that the amount of punishment is unfair 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.