The appeal is dismissed.

The second instance judgment of the court of first instance (“Seoul 21:00 on January 10, 2017”) of the second instance judgment “Seoul 20:00 on January 9, 2017” is deemed “Seoul 20:00 on January 9, 2017.”

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the first instance and asserted only unfair sentencing on the grounds of appeal.

In such a case, the argument that the lower court erred by misapprehending the legal doctrine on the specification of the facts charged cannot be a legitimate ground for appeal.

Therefore, the final appeal is dismissed pursuant to Article 380(2) of the Criminal Procedure Act. The final appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench, on the ground that it is obvious that the erroneous term of office “as of January 10, 2017, around 20:0” in Article 25(1) of the Regulation on Criminal Procedure is obviously erroneous, “as of January 9, 2017, around 20:00.”

April 12, 2018