Except in cases where the entry in the trial record is clearly clerical error, the document recorded in the trial record as the litigation procedure on the trial date shall be proven only by the protocol, and its probative value is not allowed by any material other than the trial record (see, e.g., Supreme Court Decisions 96Do173, Apr. 9, 1996; 2002Do2134, Jul. 12, 2002). According to the records, the court below’s fifth trial date after the Defendant’s last statement was made on the trial date, and the pleading is concluded.

Since there is no evidence to regard the entry as an obvious clerical error, the grounds for appeal disputing the contents of the trial protocol shall not be accepted.

In addition, the court below rejected the defendant's application for witness since it falls under the discretion of the court.

Even if it is illegal, it cannot be said that it is illegal.

In addition, there is no error of law that affected the conclusion of the judgment by depriving the defendant of the opportunity to present his/her opinion as alleged in the grounds of appeal and rendering a judgment without complying with the application for perusal of records.

Meanwhile, pursuant to Article 383 subparag. 4 of the Criminal Procedure Act, only a case on which death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been pronounced, an appeal may be lodged on the ground that the judgment of the court below affected the judgment.

Therefore, in this case where a more minor sentence is imposed on the defendant, the argument that the court below simply contests the recognition of the facts without a specific assertion on the grounds of violation of law, etc. of the judgment below 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.