절도미수등
The appeal is dismissed.
The grounds of appeal are examined. Whether to postpone the date of adjudication notified and whether to combine pleadings are subject to the discretion of the court. Thus, even if the court below rejected the application for postponement of the sentencing date of the defendant and rendered a judgment without combining arguments with other cases, it cannot be said that there were errors by infringing the defendant's right of defense, misapprehending legal principles, or violating the statutes
In addition, the argument that the judgment of the court below erred by misapprehending the legal principles on sentencing and violating the principle of balanced sentencing is ultimately an argument 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.