The appeal is dismissed.

The grounds of appeal are examined.

Although the Defendant asserts that Article 2(3) and Article 3(4) of the Punishment of Violences, etc. Act are unconstitutional, the above argument is not accepted on the ground that the above provision of the law cannot be deemed unconstitutional merely because the Defendant’s assertion is unconstitutional (see, e.g., Supreme Court Order 2001Hun-Ba68, Oct. 31, 2002; 2001Hun-Ba68, Oct. 31, 2006). Furthermore, the grounds of appeal that the indictment did not contain the prosecutor’s name seal, etc., or that there was an error of law by misunderstanding legal principles as to the specification of the facts charged in the judgment below is unlawful, or that the court below did not consider it as being subject to judgment ex officio, and it is not a legitimate ground of appeal.

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