Text
The appeal is dismissed.
The judgment below
In the letter No. 3, the "three years" of the third letter shall be corrected to "two years".
Reasons
The grounds of appeal are examined.
The judgment below
In light of the records, the court below is just in rejecting the defendant's argument about mental and physical weakness on the grounds of its stated reasoning, and there is no error of law as alleged in the grounds of appeal.
In addition, the argument that the judgment of the court below is erroneous in infringing on the essential contents of the principle of balance of crimes or the principle of responsibility is an unfair argument for sentencing.
Therefore, under 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 has been imposed, an appeal is permitted for the wrongful grounds for sentencing. As such, the argument that the determination of a sentence is unfair is not a legitimate ground for appeal in this case where a minor sentence has been imposed against the defendant.
Therefore, the appeal is dismissed, and it is clear that the "three years" of the 3th page 3 of the judgment of the court below is a clerical error in the "two years". Thus, it is decided to correct the appeal 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.