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first instance, and asserted mental and physical disability along with unfair sentencing as the grounds for appeal, but withdrawn the grounds for appeal for mistake of facts on the first day of the original trial, thereby leaving only the grounds for unfair sentencing as the grounds for 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.

In light of the records, since the public defender selected by the court below together with the defendant on the first trial date of the court below and present the facts for the defendant, the argument in the grounds of appeal that the defendant's right to receive assistance of the public defender was infringed shall not be accepted.

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

In addition, the grounds alleged by the defendant as the grounds for appeal cannot be deemed to constitute a legitimate ground for appeal under each subparagraph of Article 383 of the Criminal Procedure Act, since they cannot be viewed as grounds for appeal.

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