The judgment of the court of first instance on August 10, 2017, which indicated in the judgment of the court of first instance, is "Seoul District Court 2016 High Court 206 High Court 201.

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 the instant case where a more minor sentence was imposed on the Defendant, the argument to the effect that the lower court’s judgment on the selection and probative value of evidence or its factual recognition is not a legitimate appeal, in fact, 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(1) of the Rules on Criminal Procedure. It is so decided as per Disposition by the assent of

November 9, 2018