The appeal is dismissed.

In the application of Acts and subordinate statutes of the lower judgment, “the relevant Article of the Act and the choice of punishment”

The grounds for appeal are examined.

The lower court’s argument that there was an error in the misapprehension of legal principles as to Article 39(1) of the Criminal Act, the lower court’s determination of sentencing, or that there was an error in the misapprehension of legal principles as to Article 39(1) of the Criminal Act, or in the lower court’s determination of sentencing, or in violation of the essential contents of the principle of balance of crimes, the principle of responsibility, and the principle of proportionality under the Constitution, constitutes an unfair

In doing so, according to Article 383 subparag. 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 on the grounds of unfair sentencing. Therefore, in this case where the defendant was sentenced to a minor punishment, the above assertion is not a legitimate ground for appeal.

Therefore, the appeal shall be dismissed. Since it is clear that the same entry as the order of the court below was omitted by mistake in the application of the law, it shall be corrected to add it pursuant to Article 25(1) of the Regulation on Criminal Procedure. It is so decided as per Disposition by the assent of all participating Justices on the bench.

February 2, 2018