The judgment of the court of first instance on November 3, 2016, indicated in the judgment of the court of first instance, “Seoul Central District Court 2015 High Court 6828.

The argument that there is an error of misunderstanding of facts or misunderstanding of legal principles in the determination of sentencing by the court below is ultimately an unfair argument of sentencing.

Therefore, under Article 383 subparag. 4 of the Criminal Procedure Act, an appeal may be filed only for a case on which death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been pronounced. As such, in this case where a minor sentence has been imposed against the defendant, the argument that the sentence 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

March 24, 2017