When 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 are determined in the course of determining the punishment, and the judgment on the legitimacy 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 there was an error by mistake in the facts about the injury of a person on April 10, 2016 in the judgment of the first instance, and determined a sentence against the defendant following pleadings.

Therefore, the court below did not separately decide on the grounds for the defendant's unfair appeal for sentencing.

Therefore, the judgment on the grounds of appeal shall not be deemed omitted, as alleged in the grounds of appeal.

Meanwhile, the lower court’s argument that there was an error in violation of the rules of evidence in determining the sentencing constitutes an unfair argument in sentencing.

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 can be filed on the grounds of unfair sentencing.

Therefore, in this case where the defendant was sentenced to a more minor punishment, the argument that the above assertion or 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.