The appeal is dismissed.

The grounds of appeal are examined.

According to the records, the Defendant asserted a mistake of facts as to the intention and ability of repayment in the statement of grounds for appeal, and even if the Defendant stated the above grounds for appeal on the first trial date of the lower court and did not clearly withdraw the above assertion of mistake of facts, the lower court, by deeming the Defendant’s grounds for appeal as the allegation of unfair sentencing, did not render a determination

However, in light of the relevant legal principles and evidence duly admitted, the judgment of the court below that found the Defendant guilty of the facts charged of this case is sufficiently acceptable, and such omission of judgment by the court below does not affect the conclusion of the judgment

The argument that the judgment of the court below contains an error of mistake of facts or incomplete deliberation on the sentencing conditions constitutes an allegation of unfair sentencing.

However, according 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 not less than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed on 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.