Of the judgment of the first instance, “Temporary” column 3 at the lower end of the second page of the judgment was “ July 4, 2014” and “ July 24, 2014.”

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been pronounced, an appeal may be filed on the ground that the judgment of the court below has influenced the judgment by grave mistake of facts.

In this case where a more minor sentence is imposed on the defendant, the argument that the court below simply contests the acknowledgement of facts and the selection of evidence is not a legitimate ground for appeal.

Therefore, pursuant to Article 380(2) of the Criminal Procedure Act, an appeal shall be dismissed. Of the judgment of the first instance, the phrase “temporary date” in the lower part of the second instance judgment at the bottom of the second instance judgment is apparent that it is a clerical error in the name of “ July 4, 2014.” As such, an order to rectify it pursuant to Article 25(1) of the Regulation on Criminal Procedure is to be made by the assent of all participating Justices. It is so decided as per Disposition by the assent of all participating Justices on the bench.

May 11, 2017