The appeal is dismissed.

The grounds of appeal are examined.

When the appellate court reverses the first instance judgment on the grounds that are not included in the grounds for appeal, it shall be deemed that the decision was made in the process of determining the punishment for the reasons for the unfair appeal for sentencing alleged by the appellant, and the decision as to whether the grounds for appeal are appropriate is separately stated.

failure to make any judgment;

It does not mean (see Supreme Court Decision 2007Do3035, Jun. 29, 2007, etc.). According to the records, the court below reversed ex officio the judgment of the first instance on the ground of misunderstanding of the legal principles as to Article 37 of the Criminal Act, and can find out the fact that the court below determined the punishment against the defendant through pleading. Thus, the court below did not separately determine the defendant's reasons for an unfair appeal for sentencing.

In so doing, there is an error of law by failing to exhaust all necessary deliberations as to the grounds of appeal as alleged in the grounds of appeal and omitting judgment.

subsection (b) of this section.

Meanwhile, the lower judgment’s assertion that there was an error of misapprehending the legal doctrine regarding the determination of punishment constitutes an unfair judgment.

However, 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 has been imposed, an appeal is permitted on the grounds of unfair sentencing. Thus, in this case where a more minor sentence has been imposed against the defendant, the argument that the amount of punishment is unfair 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.