The appeal is dismissed.

The grounds of appeal are examined.

According to the records, the defendant did not appeal against the judgment of conviction in the first instance, and only the prosecutor appealeds on the ground that the punishment is too unfasible, and the court below accepted the prosecutor's appeal and rendered a sentence heavier than that of the first instance court.

In a case where only the prosecutor appealed the judgment of the court of first instance on the ground of unfair sentencing and the defendant did not appeal, the defendant may not appeal the judgment of the court of first instance on the ground of misconception of facts, violation of the rules of evidence, incomplete hearing or violation of statutes.

(see, e.g., Supreme Court Decision 2009Do579, May 28, 2009). Therefore, the allegation in the lower judgment that there was an error in the misapprehension of legal principles as to the mistake of facts, incomplete hearing, revocation of confession, and reliability due to the violation of the rules of evidence, cannot be a legitimate ground for appeal

In addition, the argument that the court below did not properly examine the circumstances on which the sentencing conditions are attached in determining the defendant's punishment or significantly lost fairness compared to the accomplice is ultimately an argument of unfair sentencing.

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

Other grounds of appeal by the defendant do not constitute legitimate grounds of appeal under Article 383 of the Criminal Procedure Act.

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