Text
The appeal is dismissed.
The judgment below
The term "Article 148-2 (1) 1 of the Road Traffic Act" in the third 8 roads.
Reasons
We examine the grounds of appeal.
The argument that the judgment of the court below erred in violation of the principle of balanced punishment or the principle of accountability due to the incomplete deliberation on basic facts for sentencing, mistake of facts, or misapprehension of legal principles constitutes the argument 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, the appeal shall be dismissed pursuant to Article 380(2) of the Criminal Procedure Act, and since there is an obvious error in the reasoning of the judgment below, 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
February 21, 2020