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The appeal is dismissed.
The part of the judgment of the court below against the defendant shall be reversed.
Reasons
The grounds of appeal are examined.
The lower court, on the grounds indicated in its reasoning, found the Defendant guilty of the portion of Article 1-3(3) of the Criminal facts in the first instance judgment.
The judgment below
Examining the reasoning in light of the evidence duly admitted, the lower court’s aforementioned determination is justifiable, and contrary to the allegations in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation against logical and empirical rules, or by failing to exhaust all necessary deliberations, thereby violating the rules of evidence.
In addition, according to Article 383 (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, a final appeal shall be allowed on the grounds of unfair sentencing.
In this case where a more minor punishment is imposed against the defendant, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.
Therefore, the appeal is dismissed, and there is an obvious clerical error in the decision of the court below, and it is corrected in accordance with Article 25 of the Regulation on Criminal Procedure. It is so decided as per Disposition by the assent of all participating Justices.