The judgment below

The last 1st imprisonment shall be corrected to 10 months of imprisonment.

In a case where only the prosecutor appealed against the judgment of the first instance on the grounds of unfair sentencing and the defendant did not appeal, the defendant may not appeal the judgment of the first instance on the grounds of misconception of facts, violation of the rules of evidence, incomplete hearing or violation of statutes.

[See Supreme Court en banc Decision 2017Do16593-1, Mar. 21, 2019] According to the records, the Defendant appealed against the judgment of the first instance on the ground that the Defendant did not appeal, and only the Prosecutor appealed against the judgment of the first instance on the ground that the punishment is too uneasible, and the lower court accepted the prosecutor’s appeal and sentenced the Defendant to a heavier punishment than the judgment of the first instance.

Therefore, the argument that the judgment of the court below contains an error of mistake or misunderstanding of legal principles cannot be a legitimate ground for appeal.

In light of the records, even if examined, the court below did not err by infringing the defendant's right of defense, as alleged in the grounds of appeal.

Therefore, the appeal shall be dismissed, and since there is an obvious clerical error in the reasoning of the judgment of the court below, it shall be corrected in accordance with Article 25(1) of the Regulations on Criminal Procedure. It is so decided as per Disposition by

June 12, 2020