1. In a case where the contents of the judgment are not itself, but only the measures such as detention, etc. to secure the defendant's personal illness, and the legal proceedings such as notification of the date of trial, disclosure of the trial, etc. have been violated by the law, thereby infringing the defendant's right of defense, defense counsel's right of defense

As long as it does not reach the degree, it cannot be deemed that there was an error of law that affected the conclusion of the judgment by itself (see Supreme Court Decision 2004Do1925, May 26, 2005, etc.). Examining the record in light of such legal principles, the lower court, as alleged in the grounds of appeal, violated the due process under the Constitution and the rules on criminal procedure, notification procedures to the defendant and the principle of protecting trust in the persons related to the lawsuit, thereby disregarding the principle of due process under the Constitution, and infringing on the defendant's right to trial, and thus, there was

shall not be deemed to exist.

2. According to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal may be filed only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed. As such, in the instant case where a minor sentence has been imposed against the Defendant, the argument that the amount of the punishment is unfair is not a legitimate ground for appeal.

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