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 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 erred by misapprehending the legal principles as to Article 364 of the Criminal Procedure Act, or by infringing the defendant's right to defense, which is guaranteed by the Constitution, since the court below reversed the judgment of the court of first instance ex officio on the ground of changes in the indictment 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 by the defendant.

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