The appeal is dismissed.

We examine the grounds of appeal.

In a case where only the prosecutor appealed against the judgment of the court of first instance on the ground that the sentencing is too minor, and the defendant did not appeal, the defendant may not appeal the judgment of the court of first instance 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). According to the records, only the prosecutor appealeds the judgment of the first instance on the grounds that the sentencing is too minor, and the Defendant did not appeal. The lower court accepted the prosecutor’s appeal and rendered a sentence heavier than that of the first instance court against the Defendant.

In light of the above legal principles, the argument that the judgment below erred by mistake of facts or by misunderstanding of legal principles cannot be a legitimate ground for appeal.

In addition, the argument that the judgment of the court below erred by mistake of facts or misapprehension of legal principles as to the sentencing conditions is ultimately an unfair sentencing argument. According to Article 383 subparag. 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, the argument that the sentence 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.