The appeal is dismissed.

The grounds of appeal are examined.

Except in cases where the entry in the trial record is clearly clerical error, the entry in the trial record as the litigation procedure on the trial date shall be proven only by the protocol, and its probative value is not allowed by any material other than the trial record (see, e.g., Supreme Court Decisions 96Do173, Apr. 9, 1996; 2002Do2134, Jul. 12, 2002). According to the records, it can be seen that the entry in the trial record is completed since the final pleading by the defense counsel and the final statement by the defendant was made on the date of the first trial of the original instance.

Since there is no evidence to regard the entry as an obvious clerical error, the grounds for appeal disputing the contents of the trial protocol shall not be accepted.

In addition, according to Article 383 (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, a final appeal shall be allowed on the grounds of unfair sentencing.

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

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.