In the application of the law of the judgment of the court of first instance, the relevant provision of the law and the choice of punishment are applied.

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.

Therefore, in this case where a more minor sentence was imposed on the defendant, the argument that the court below's determination of evidence selection and probative value or its factual recognition is not a legitimate ground for appeal.

Therefore, pursuant to Article 380(2) of the Criminal Procedure Act, an appeal shall be dismissed. However, there is an obvious clerical error in the pertinent legal provisions and the part of the decision of the court of first instance regarding criminal facts in the application of the law, and the decision to correct it pursuant to Article 25(1) of the Rules on Criminal Procedure. It is so decided as per Disposition by the assent of all participating Justices on the bench.

September 7, 2017