The appeal is dismissed.

The grounds of appeal are examined.

According to the records, while appealed against the judgment of the first instance, the defendant asserted only unfair sentencing on the grounds of appeal, but the appeal was dismissed.

In such a case, the argument that the lower court erred by misapprehending the legal principles concerning mistake of facts or inclusion of the number of days of detention is not a legitimate ground for appeal.

B. Although examining the lower judgment ex officio, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on inclusion in the number of days of detention.

In addition, 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 sentence is imposed against the defendant, the argument that the punishment is too unreasonable 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.