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The appeal is dismissed.
The grounds of appeal are examined (to the extent of supplement in case of supplemental statements and written statements of grounds of appeal filed by the defendant after the lapse of the period for appeal).
The judgment below
Examining the reasoning in light of the evidence duly admitted by the court below, the court below is just in finding the Defendant guilty of all the charges of this case on the grounds as stated in its reasoning, and contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles as to facts beyond the bounds of free evaluation of evidence or by misapprehending the relevant legal principles.
In addition, pursuant to 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 not less than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.
In addition, even after examining the record, this case does not constitute “when there is a ground for request for a retrial” under Article 383 subparag. 3 of the Criminal Procedure Act.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.