절도등
The judgment below is reversed, and the case is remanded to the Seoul Western District Court.
1. According to Article 383 subparag. 4 of the Criminal Procedure Act regarding the grounds for appeal, only in the case where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, an appeal based on unfair sentencing is permitted. As such, the argument that the amount of the punishment is unfair in the instant case where the Defendant was sentenced to more minor punishment is not a legitimate ground for appeal
2. Ex officio determination
A. According to Article 323(1) of the Criminal Procedure Act, in a case where the judgment of conviction clearly states the facts constituting a crime, the summary of evidence, and the application of Acts and subordinate statutes in the course of the judgment of conviction, and in a case where any one of the judgment of conviction was omitted in the course of the conviction, it constitutes a violation of law that affected the judgment under Article 383 subparag. 1 of the Criminal Procedure Act (see, e.g., Supreme Court Decision 2010Do9151, Oct. 14, 2010). B. According to the reasoning of the judgment below, according to the reasoning of the judgment below, the court below accepted the Defendant’s unfair appeal for sentencing, reversed the judgment of the first instance, and sentenced the Defendant to a new conviction, and omitted the application of Acts and subordinate statutes only for the summary of the facts constituting a crime and evidence, which is erroneous.
3. The lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.