The appeal is dismissed.

The grounds of appeal are examined.

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 alleged by the appellant were determined in the course of determining the punishment, and it shall be deemed that the judgment on the propriety of the grounds for appeal is not separately stated

failure to make any judgment;

In light of the records, the court below reversed ex officio the judgment of the court of first instance on the grounds of the decision of consolidated proceedings, and determined the punishment against the defendant through pleading. Thus, the court below did not separately determine the grounds for the defendant's unfair appeal of sentencing. The court below did not render a separate judgment on the grounds for the defendant's unfair appeal of sentencing.

Therefore, contrary to the allegations in the grounds of appeal, the lower court did not err by misapprehending the relevant legal doctrine or omitting grounds.

In addition, according to the records, the defendant appealed against the judgment of the first instance and argued only unfair sentencing on the grounds of appeal.

In such a case, the argument that the court below erred in violation of the rules of evidence or mistake of facts is not a legitimate ground for appeal.

Meanwhile, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal shall be allowed on the grounds of unfair sentencing.

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

In addition, the argument that one defendant's suspended sentence does not become effective does not constitute legitimate grounds for appeal as stipulated in Article 383 of the Criminal Procedure Act.

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