If the appellate court reverses and renders a judgment of the first instance on the grounds that are not included in the grounds for appeal, it shall be deemed that the grounds for appeal alleged by the appellant were determined in the course of determining the punishment, and it shall be deemed that the judgment on the propriety of the grounds for appeal is not separately stated

failure to make any judgment;

In light of the records, the court below reversed the judgment of the first instance on the ground that each of the instant crimes and the instant attempted crimes for fraud, which became final and conclusive on August 23, 2017, constitute concurrent crimes under Article 37 of the Criminal Act, and determined the sentence against the Defendant after oral pleadings, on the grounds that the Defendant was sentenced to imprisonment with prison labor for fraud at the Busan District Court on May 12, 2017, and the Defendant was sentenced on August 23, 2017, and the said judgment became final and conclusive on August 23, 2017, constitutes concurrent crimes under Article 37 of the Criminal Act. Thus, the court below reversed ex officio the judgment of the court of first instance and determined the sentence against the Defendant after oral proceedings

Therefore, contrary to the allegations in the grounds of appeal, there is an error of law by failing to exhaust all necessary deliberations as to the grounds of appeal and omitting judgment thereon.

subsection (b) of this section.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been pronounced shall not be appealed on the ground that the judgment of the court below affected the judgment.

Therefore, in this case where a more minor sentence is imposed against the defendant, the argument that the court below's decision on the selection and probative value of evidence or its factual recognition, which actually belongs to the free judgment of the fact-finding court, is not a legitimate ground for appeal.

Meanwhile, according to Article 383 (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 declared, an appeal is filed on the grounds of unfair sentencing.