The appeal is dismissed.

The judgment below

The term "six months of imprisonment" in the second half shall be corrected to "ten months of imprisonment".

We examine the grounds of appeal.

The argument that the judgment of the court below contains an error of incomplete deliberation on basic facts for sentencing 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, and since it is clear that there is any error in the reasoning of the judgment below, it shall be corrected ex officio pursuant to Article 25(1) of the Regulations on Criminal Procedure. It is so decided as per Disposition by

January 21, 2020