The name of the crime in the first instance judgment and the judgment of the court below, "injury": the name of the crime.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years has been pronounced, an appeal may be filed on the ground that the judgment of the court below had influenced

Therefore, in this case where a fine is imposed against the defendant, the argument that the court below simply contests the fact-finding does not constitute a legitimate ground of appeal as stipulated in the above provision.

Therefore, in accordance with Article 380(2) of the Criminal Procedure Act, the appeal shall be dismissed, and the judgment of the court of first instance and the judgment of the court below are clearly erroneous statements in the part concerning the indication of the name of the crime in the judgment of the court of first instance, and each ex officio correction is made in accordance with Article 25(1) of the Rules on Criminal Procedure. It is so decided as per Disposition by the assent

August 28, 2015