The appeal is dismissed.

The "115 days of confinement" in the judgment of the court of first instance shall be corrected to "16 days of confinement".

The grounds of appeal are examined.

Since the defendant asserted only unfair sentencing as the grounds for appeal in the court below, it cannot be asserted in the court of final appeal as the grounds for appeal, and further, it does not seem to have any illegality that may affect the judgment of the court below even after ex officio examination

In addition, since Article 51 of the Criminal Act, which provides for the conditions of sentencing, is interpreted to be subject to the discretion of the court concerning the determination of punishment widely, the Supreme Court, in a case where the capital punishment or imprisonment without prison labor for life or for not less than 10 years is pronounced pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, did not judge the grounds of appeal as to the propriety of the determination of punishment, but

The argument that the court did not properly examine the circumstances that are conditions for sentencing cannot be a legitimate ground for appeal.

(1) The Supreme Court Decisions 87Do1410 delivered on January 19, 198, and 90Do1940 delivered on October 26, 199, etc. Therefore, the appeal shall be dismissed, and the decision shall be made with the assent of all participating Justices, who reviewed the appeal in the first instance judgment, to correct any obvious clerical error in the judgment.