When the appellate court reverses the first instance judgment on the grounds that are not included in the grounds for appeal, it shall be deemed that the decision was made in the process of determining the punishment for the reasons for the unfair appeal for sentencing alleged by the appellant, and the decision as to whether the grounds for appeal are appropriate is separately stated.

failure to make any judgment;

It does not mean (see, e.g., Supreme Court Decision 2007Do3035, Jun. 29, 2007). According to the records, the court below reversed ex officio the judgment of the court of first instance on the grounds of the decision of consolidated proceedings, and determined the punishment against the defendant through pleading. Thus, the court below did not separately determine the grounds for an unfair appeal for sentencing of the defendant.

In doing so, there is an error of incomplete deliberation or omission of judgment, as alleged in the grounds of appeal.

subsection (b) of this section.

Meanwhile, the argument that the judgment of the court below did not provide the defendant with an opportunity to defend himself/herself, and that there was an error of failing to exhaust all necessary deliberations or omitting judgment concerning the sentencing conditions, such as the motive and circumstance of the crime, constitutes an unfair argument of sentencing.

Therefore, under Article 383 subparag. 4 of the Criminal Procedure Act, an appeal may be filed only for a case on which death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been pronounced. As such, in this case where a minor sentence has been imposed against the defendant, the argument that the sentence is too unreasonable is not a legitimate ground for appeal.

In addition, the defendant violated the Constitution, laws, orders, and rules, or erred by misunderstanding the legal principles, which affected the conclusion of the judgment.

“Inasmuch as the item was indicated in the item, but did not state specific reasons, this cannot be deemed a legitimate ground for appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition.