If an appellate court reverses and renders a self-determination of the first instance judgment on grounds not included in the grounds for appeal, it shall be deemed that the appellate court rendered a decision in the process of determining the punishment as to the grounds for appeal of unfair sentencing alleged by the appellant, and it shall not be deemed that the appellate court omitted the judgment on the legitimacy of the

(2) According to the records, the court below reversed ex officio the judgment of the court of first instance on the grounds of misunderstanding the legal principles as to the number of crimes, and determined the punishment against the defendant through pleadings. Thus, the court below did not separately determine the grounds for appeal of unfair sentencing by the defendant. In so doing, contrary to the allegations in the grounds of appeal, the court below did not err by omitting judgment on the grounds for appeal or by violating Articles 364 and 369 of the Criminal Procedure Act.

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 amount of punishment is unreasonable

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