The appeal is dismissed.

Of the reasoning of the lower judgment, “ March 5, 2014” was corrected on March 5, 2015 to “the number of days”.

The grounds for appeal are examined.

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 this case where a more minor sentence is imposed against the defendant, the defendant's ground of appeal that misleads the defendant as to the trial failure and the fact-finding is merely disputing the judgment of the court of fact-finding on the choice and probative value of the court of fact-finding or finding facts based on it, and thus, cannot be a legitimate ground of appeal.

Therefore, the final appeal is dismissed pursuant to Article 380(2) of the Criminal Procedure Act, and it is evident that “ March 5, 2014” among the reasoning of the lower judgment is a clerical error in the context of “ March 5, 2015.” As such, it is decided to rectify it pursuant to Article 25(1) of the Regulations on Criminal Procedure. It is so decided as per Disposition by the assent of all participating Justices on the bench.

March 20, 2018