A written judgment shall be signed and sealed by a judge (Article 41 of the Criminal Procedure Act), but the signature and seal of a judge shall not be required until the copy of the judgment delivered to the defendant

(See Supreme Court Decision 2007Do3060 Decided June 28, 2007). Therefore, we cannot accept the allegation in the grounds of appeal that the court below erred by omitting the signature and seal of the judge on a different premise.

Meanwhile, according to the records, the defendant appealed against the judgment of the first instance and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that the lower court erred by mistake and misapprehension of legal principles cannot be a legitimate ground of appeal.

In addition, the argument that the court below's failure to properly determine the elements of sentencing constitutes the allegation of unfair sentencing.

However, under 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 defendant’s punishment is too unreasonable is not

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