The appeal is dismissed.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

When the appellate court reverses the judgment of the first instance on the grounds that are not included in the grounds for appeal, it shall be deemed that the appellate court determined the grounds for appeal on the grounds of unfair sentencing alleged by the appellant 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,

(see, e.g., Supreme Court Decision 2007Do3035, Jun. 29, 2007). According to the records, the lower court reversed the judgment of the first instance court on the grounds of changes in indictment and determined the sentence against the Defendant following pleadings.

Therefore, the lower court’s failure to separately determine the Defendant’s grounds for appeal on the grounds of unreasonable sentencing cannot be deemed as omitting judgment on the grounds of appeal, contrary to what is alleged in the grounds of appeal.

The Defendant appealed against the judgment of the first instance court, and asserted only unfair sentencing as the grounds for appeal, and the lower court did not ex officio consider the matters alleged in the grounds for appeal.

In such a case, the argument that the lower court erred in misapprehending the legal principles as to mistake of facts and acceptance of crimes is not a legitimate ground of appeal.

There is an error of incomplete deliberation on the grounds for mitigation of sentencing in the court below.

The assertion that there is an error in violation of the principle of equality in the same kind of case constitutes an allegation of unfair sentencing.

According to 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 is imposed, an appeal may be filed on the ground

Therefore, in this case where the defendant was sentenced to a more minor punishment, the argument that the above assertion or punishment is too unreasonable is not a legitimate ground for appeal.

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