Two or more cases have been prosecuted separately against the same defendant

Since it is not necessarily required to conduct a consolidated trial and make a judgment at the same time, the procedure of the court below's rejection of the defendant's request to conduct a consolidated trial for the case against which an indictment has been instituted cannot be deemed unlawful.

Meanwhile, under Article 383 subparag. 4 of the Criminal Procedure Act, only a case where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years has been imposed, may be appealed on the grounds of unfair sentencing. As such, the argument that the amount of punishment is 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.