The appeal is dismissed.

"Violation of the Punishment of Violences, etc. Act" among the indication of the case name of the court below.

We examine the grounds of appeal.

The argument that the lower court’s determination of sentencing erred in violation of the principle of balanced criminal punishment, the principle of responsibility, and the principle of proportionality 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, the appeal shall be dismissed in accordance with Article 380(2) of the Criminal Procedure Act. Since the case name of the lower judgment is clearly erroneous, it shall be corrected in accordance with Article 25(1) of the Regulations on Criminal Procedure. It is so decided as per Disposition by the assent of all participating

November 29, 2019