The appeal is dismissed.

The grounds of appeal are examined.

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

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 cannot be deemed as the grounds for appeal on the appellate judgment on the grounds 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 lower court erred by mistake of facts in its judgment.

The argument that there is an error of not recognizing the mental disorder of the defendant 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 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 punishment is too unreasonable cannot be

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