The appeal is dismissed.

The grounds of appeal are examined.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may be filed only when the court below rendered a sentence of death or imprisonment with or without prison labor for an indefinite term or for not less than ten years. Thus, an appeal to the Supreme Court is not allowed on the ground that the sentencing of a sentence is unfair.

Meanwhile, an appellant or defense counsel shall submit a statement of grounds for appeal to the appellate court within 20 days from the date on which he/she received the notification of receipt of the appellate court's trial records (Article 361-3 (1) of the Criminal Procedure Act), and the appellate court shall conduct the appeal as a subject matter of the appeal, either on the petition of appeal or on the statement of grounds for appeal filed within the above period.

(Article 364(1) and (2) of the Criminal Procedure Act. Therefore, even if the defendant or defense counsel makes a statement in the appellate court of matters not included in the statement of grounds for appeal, such circumstance alone cannot be deemed as constituting a legitimate ground for appeal, such as the assertion contained in the statement.

(2) According to the records, the Defendant, on July 10, 2013, received a written notification of the receipt of a trial record from the lower court. The Defendant’s defense counsel submitted the written statement of grounds of appeal to the lower court on July 19, 2013, within 20 days from the date of service, and only the assertion of unfair sentencing was included in the written statement of grounds of appeal. Accordingly, the Defendant asserted a mistake of facts on the first trial date of the lower court, in which the written statement of grounds of appeal was not timely filed, and the Defendant asserted a mistake of facts and the misapprehension of legal principles on the additional statement of grounds of appeal filed later.

Examining the above facts in light of the legal principles as seen earlier, the Defendant’s defense counsel submitted further.