The appeal is dismissed.

"A defendant shall be punished by imprisonment with labor for a period of eight months" in the judgment of the court of first instance.

We examine the grounds of appeal.

The argument that the judgment below erred in violation of the principle of balanced punishment or the principle of accountability due to incomplete deliberation on basic facts for sentencing, mistake of facts, misunderstanding of legal principles, etc. is ultimately an allegation of unfair sentencing.

However, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

Therefore, pursuant to Article 380(2) of the Criminal Procedure Act, an appeal shall be dismissed, and since there is an obvious clerical error in the judgment of the court of first instance, it shall be corrected pursuant to Article 25(1) of the Regulations on Criminal Procedure. It is so decided as per Disposition by the assent

March 10, 2020