The appeal is dismissed.

We examine the grounds of appeal.

According to the records, the defendant appealed against the judgment of the court of first instance, and asserted mistake of facts or misapprehension of legal principles as the grounds for appeal along with unfair sentencing, but withdrawn the grounds for appeal concerning mistake of facts or misapprehension of legal principles on the first trial of the court below

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 of appeal.

Furthermore, even if examining the record, the lower court did not err by misapprehending the legal doctrine as otherwise alleged in the ground of appeal.

In addition, the argument that the lower court’s judgment on sentencing violates the principle of balanced criminal punishment, the principle of responsibility, and violated the right to pursue happiness and the right to a legitimate trial is ultimately an unreasonable sentencing argument.

However, under 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 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 sentencing of the punishment is unfair

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