The judgment below

Examining the reasoning of the judgment below in light of the evidence duly admitted by the court below, it is just to have determined that the court below convicted of violation of the Act on the Control of Narcotics, etc. by Handphones and interference with the performance of official duties among the facts charged in the instant case on the grounds stated in its reasoning, and contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles as to “taking” under the Narcotics Control Act, mitigation of self-denunciation, and Article 10(3) of the Criminal Act, etc.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.