In the judgment of the court of first instance, Suwon District Court 2019 High Court 1963, 2159(consolidated) decision.

1. According to the record as to Defendant N’s assertion of misunderstanding of legal principles, Defendant N appealed against the judgment of the first instance and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that the lower court erred by misapprehending the legal principles cannot be a legitimate ground for appeal.

2. According to Article 383 subparag. 4 of the Criminal Procedure Act regarding the Defendants’ assertion of unfair sentencing, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years

In this case where a more minor sentence is imposed on the Defendants, the assertion that punishment is too unreasonable cannot be a legitimate ground for appeal.

3. Therefore, in accordance with Article 380(2) of the Criminal Procedure Act, all appeals shall be dismissed. Of the judgment of the court of first instance, there is an obvious clerical error in the reasoning of the judgment of the court of first instance in the Suwon District Court Decision 2019Da1963 and 2159 (Joint). Therefore, it is decided to rectify the foregoing pursuant to Article 25(1) of the Regulation on Criminal Procedure. It is so

April 7, 2020