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The appeal is dismissed.
The relevant provisions of the judgment of the court below concerning criminal facts and the selection of punishment shall be applied.
Reasons
We examine the grounds of appeal.
According to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years has been pronounced, the judgment of the court below affected the conclusion.
A final appeal may be made on the ground that there exists a significant reason to recognize the amount of punishment or that the amount of punishment has been extremely unfair.
Therefore, in this case where the defendant was sentenced to a more minor punishment, the argument that the court below erred in the determination of the choice of evidence and probative value of evidence or the fact-finding based thereon, or that the argument and the punishment pointing out the misapprehension of legal principles based on the facts acknowledged by the court below is too unreasonable is not a legitimate ground for appeal.
Meanwhile, according to the reasoning of the lower judgment, the lower court’s entry of the relevant statutory provisions and the choice of punishment on the crime in the column of application of statutes in the context of application of statutes in stating “Article 70(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.”), Article 311 of the Criminal Act, and the selection of fines in each case is apparent to be the clerical error of each fine under Article 307(2) of the Criminal Act, Articles 314(1) and 313 of the Criminal Act, and Article 25(1) of the Regulations on Criminal Procedure (hereinafter “the Rules on Criminal Procedure”). The lower court’s error that affected the conclusion of the judgment by misapprehending the legal doctrine on
Therefore, the appeal is dismissed in accordance with Article 380(2) of the Criminal Procedure Act. It is so decided as per Disposition by the assent of all participating Justices.
August 14, 2020