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 grounds for appeal by the appellant were determined in the process of determining the punishment, and it shall not be deemed that the appellate court omitted the judgment on the legitimacy of the grounds for appeal, on the ground that the appellate court did not expressly

(see, e.g., Supreme Court Decision 2007Do3035, Jun. 29, 2007). Therefore, the lower court did not err in its judgment by omitting judgment, contrary to what is alleged in the grounds of appeal.

According 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 is imposed, an appeal on the grounds of unfair sentencing is allowed.

In this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

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