The appeal is dismissed.

"Criminal facts" in the judgment of the court of first instance shall be "two years of imprisonment with prison labor for a period of eight months" among "criminal records."

We examine the grounds of appeal.

The argument that the judgment of the court below erred by misapprehending the legal principles as to sentencing, or by infringing on the essential contents of the principle of balance between crimes and the principle of responsibility 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 defendant's appeal is dismissed in accordance with Article 380 (2) of the Criminal Procedure Act, and the decision of the court of first instance shall be amended in accordance with Article 25 (1) of the Regulation on Criminal Procedure because there is an obvious clerical error in the judgment of the court of first instance. It

March 8, 2019