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All appeals are dismissed.
Reasons
The grounds of appeal are examined together (to the extent of supplement in case of supplemental appellate briefs not timely filed).
Even if the appellate court conducted a consolidated examination of the case against the defendant who appealed after being sentenced to two separate punishments in the first instance trial, and sentenced the sentence heavier than that of the first instance trial, it does not violate the principle of prohibition of disadvantageous alteration solely on the grounds of the judgment (see Supreme Court Decision 2001Do3448, Sept. 18, 2001, etc.). According to the reasoning and records of the judgment of the court below, the defendant A, in the judgment of the first instance court, sentenced 2 years of suspended execution to 1 year, 102,00 won, 30,000 won, and 2 years of imprisonment to 1 year, 300,000 won, respectively, and appealed to the judgment of the first instance court as to each of the above cases, on the grounds of unfair sentencing. The court below sentenced the defendant A to imprisonment with prison labor for 1 year and 6 months, 300,000 won, and 200 won, respectively, by combining the above cases.
In light of the aforementioned legal principles, the lower court did not err by misapprehending the legal doctrine on the principle of prohibition of disadvantageous alteration.
In addition, pursuant 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 more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. Thus, the argument that the determination of a sentence is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the Defendants.
In addition, other grounds of appeal are not legitimate grounds of appeal as stipulated in Article 383 of the Criminal Procedure Act.
Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.