The appeal is dismissed.

In the judgment of the court below, Article 1 of the Act applicable to the crime of 1. Criminal facts and punishment.

The grounds for appeal are examined.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been pronounced, an appeal may be filed on the ground that the judgment of the court below has influenced the judgment by grave mistake of facts.

Therefore, in this case where a more minor punishment is imposed on the defendant, the ground of appeal that misleads the court of fact-finding to the misapprehension of the legal principles is merely a ground of appeal which practically lacks the judgment of the court of fact-finding on the choice and probative value of evidence or to find facts based on the judgment of the court of fact-finding, or is merely a ground of appeal

Therefore, the appeal is dismissed in accordance with Article 380(2) of the Criminal Procedure Act. Since there is an obvious error in the indication of the applicable column of the judgment below, it is decided to revise it in accordance with Article 25 of the Rules on Criminal Procedure. It is so decided as per Disposition by the assent of all participating Justices.

December 15, 2017