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 appeal, and that there was a misunderstanding of facts and misapprehension of legal principles, but at the first trial date of the lower court, the Defendant withdrawn the grounds for appeal as to mistake of facts and misunderstanding of

In such a case, the argument that the lower court erred by mistake of facts is not a legitimate ground for appeal.

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 is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unfair does not constitute a legitimate appeal.

On the other hand, it is not only a matter of legislative policy to allow the grounds of appeal in a criminal case to be the grounds of appeal, but also a matter of the criminal lawsuit law that limits the grounds of appeal on the grounds of sentencing unfair sentencing, Article 383 subparagraph 4 of the Criminal Procedure Act, which limits the grounds of appeal, belongs to the area of the freedom of formation permitted to

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