The appeal is dismissed.

In the first instance judgment, " December 23, 2013" was corrected to " November 22, 2013, 2013," "No. 18 of the judgment of the first instance."

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 on the defendant, the defendant's ground of appeal that leads to the violation of the rules of evidence and the failure to examine is merely a dispute over the recognition of facts by the court below, and thus, it cannot be a legitimate ground of appeal.

Therefore, the appeal shall be dismissed in accordance with Article 380(2) of the Criminal Procedure Act. Since it is apparent that there are some errors in the reasoning of the judgment of the first instance, it shall be corrected in accordance with Article 25 of the Rules on Criminal Procedure. It is so decided as per Disposition by the assent of all participating Justices on the bench.

January 6, 2017