The judgment of the court below on August 17, 2016, indicated in the judgment of the court of first instance.

According to the records, the defendant appealed against the judgment of the first instance and asserted only unfair sentencing on the grounds of appeal.

In such a case, the argument that the judgment of the court below erred in the misapprehension of the legal principles and mistake in the obstruction of the performance of official duties is not a legitimate ground for appeal.

In addition, the argument that the judgment of the court below is erroneous in the misapprehension of the logical rules without failing to exhaust all necessary deliberations on the basic facts for sentencing is ultimately an unfair argument for sentencing.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal may be filed only for cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed. As such, in this case where a minor sentence has been imposed against the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

Therefore, the final appeal is dismissed in accordance with Article 380(2) of the Criminal Procedure Act. Since there is an obvious error in the indication of the judgment of the court of first instance in the judgment of the court below, it is decided to revise it in accordance with Article 25 of the Rules on Criminal Procedure. It is so decided as per Disposition by

January 13, 2017