절도미수등
The appeal is dismissed.
" July 22, 2017" in the 2nd sentence of the judgment of the first instance shall be corrected to " July 22, 2019".
We examine the grounds of appeal.
According to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed.
In this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.
Therefore, the appeal shall be dismissed in accordance with Article 380(2) of the Criminal Procedure Act, and since there is an obvious clerical error in the reasoning of the first instance judgment, it shall be corrected in accordance with Article 25(1) of the Regulations on Criminal Procedure. It is so decided as per Disposition by the
April 21, 2020