If 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 appellate court determined the grounds for appeal on the grounds of unfair sentencing alleged by the appellant in the process of determining the punishment, and it shall not be deemed that the appellate court omitted the judgment on the grounds that the appellate

(2) According to the records, the court below reversed ex officio the judgment of the court of first instance on the ground that the defendant had a previous criminal record under the latter part of Article 37 of the Criminal Act, and applied Article 39(1) of the Criminal Act to determine punishment, and thereby, determined the punishment against the defendant. Thus, the court below did not separately determine the grounds for appeal of unfair sentencing by the defendant. Thus, contrary to the allegations in the grounds for appeal, the court below did not err by omitting judgment on the grounds for appeal or by misapprehending the legal principles, or by obstructing the defendant’s exercise of his right to defense.

In addition, pursuant 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 more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.