All appeals are dismissed.

The grounds of appeal are examined.

1. Where a prosecutor only appeals the judgment of the first instance on the grounds of unfair sentencing regarding the Defendant’s grounds of appeal, and the Defendant did not appeal on the grounds of unfair sentencing, the Defendant may not appeal the judgment of the appellate court as the grounds of appeal

(See Supreme Court Decision 2009Do579 Decided May 28, 2009). According to the records, only the prosecutor appealed on the first instance judgment on the ground of unfair sentencing. The lower court accepted the prosecutor’s allegation of unfair sentencing and reversed the first instance judgment and sentenced the Defendant a sentence heavier than that of the first instance judgment.

In such a case, the argument that the lower court erred by mistake or misunderstanding of legal principles cannot be a legitimate ground for appeal.

2. As to the grounds of appeal by the prosecutor, the court below did not accept the prosecutor's application for changes in the indictment with regard to attempted fraud among the facts charged in the instant case. According to the records, even if the court below permitted changes in the indictment and deliberated on the changed facts charged, there is no evidence to prove the changed facts charged. Thus, even if the court below did not permit changes in the indictment, it is difficult to see that such errors affected the conclusion of the judgment even if it erred by misapprehending the legal principles on changes in

(see, e.g., Supreme Court Decisions 98Do1438, May 14, 1999; 2006Do514, Apr. 27, 2006). Ultimately, prosecutor’s ground of appeal cannot be accepted.

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