폭력행위등처벌에관한법률위반(공동주거침입)등
The appeal is dismissed.
The judgment of the court of first instance is rendered on June 24, 2016.
We examine the grounds of appeal.
According to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years has been pronounced, an appeal may be filed on the ground that the judgment of the court below had influenced
Therefore, in this case where a more minor sentence is imposed on the defendant, the argument that the court below simply contests the fact-finding of the court below or points out the misapprehension of the legal principle on the premise that the facts found by the court below are different from the facts is not a legitimate ground for appeal.
Therefore, the appeal shall be 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, it shall be corrected in accordance with Article 25 of the Regulations on Criminal Procedure. It is so decided as per Disposition
November 25, 2016