Text
The appeal is dismissed.
The judgment below
In the face 2 of the sentence of the second sentence, "one year and six months of imprisonment" shall be corrected to "one year and two months of imprisonment".
Reasons
The grounds for appeal are examined.
According to the records, the defendant appealed against the judgment of the first instance and asserted only unfair sentencing on the grounds of appeal.
In such a case, the argument that the lower court erred by mistake of facts or by misunderstanding of legal principles is not a legitimate ground for appeal.
In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, the argument that the Defendant’s punishment is too unreasonable is not a legitimate ground for appeal.
Therefore, the appeal shall be dismissed. It is obvious that the "one year and six months of imprisonment" in the second sentence of the second sentence of the judgment of the court below is a clerical error in the "one year and two months of imprisonment", and thus, it shall be corrected ex officio pursuant to Article 25 (1) of the Rules on Criminal Procedure. It is so decided as per Disposition by the assent of all participating Justices on the bench.
February 2, 2016