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 are 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

(2) According to the records, the court below's judgment of the court of first instance is reversed ex officio on the ground of changes in indictment, and it can be known that the defendant was sentenced to punishment by pleading. Thus, the court below did not separately decide on the grounds for appeal of unfair sentencing of the defendant. Thus, the court below did not err in the misapprehension of the legal principles as otherwise alleged in the grounds for appeal.

In addition, 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 not less than ten years is imposed, an appeal on the grounds of unfair sentencing

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.