The appeal is dismissed.

The grounds of appeal are examined.

If an appellate court reverses and renders a self-determination of the first instance judgment on grounds not included in the grounds for appeal, it shall be deemed that the appellate court rendered a decision in the process of determining the punishment as to the grounds for appeal of unfair sentencing alleged by the appellant, and it shall not be deemed that the appellate court omitted the judgment on the legitimacy of the

(2) According to the records, the court below reversed the judgment of the court of first instance ex officio on the ground of the misunderstanding of legal principles as to the latter part of Article 37 and Article 39(1) of the Criminal Act, and determined the punishment against the defendant through pleadings. Thus, the court below did not separately determine the grounds for appeal on the grounds of unfair sentencing. In so doing, contrary to the allegations in the grounds for appeal, the court below did not err by omitting judgment on the grounds for appeal, or by violating Articles 364 and 369 of the Criminal Procedure Act, which affected the conclusion of the judgment.

In addition, for reasons indicated in its holding, the court below's decision is just to punish the defendant for crimes No. 1 and No. 2 as stated in its holding, and there is no error of law by misapprehending the legal principles as to the latter part of Article 37 and Article 39 (1) of the Criminal

Meanwhile, under 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 has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the punishment

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