사기등
The appeal is dismissed.
The grounds of appeal are examined.
In light of the record, the lower court did not err by infringing the Defendant’s right to a participatory trial, and in the written judgment, a judge’s signature and seal is affixed to the judge (Article 41 of the Criminal Procedure Act), but the signature and seal of the judge is not necessary even to the certified copy of the judgment served on the Defendant (see, e.g., Supreme Court Decision 2007Do3060, Jun. 28, 2007). Therefore
The argument that the lower court’s determination of sentencing contains an error in violation of the Criminal Procedure Act is ultimately an unreasonable sentencing argument.
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.