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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
The judgment below
Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment, the court below was just in finding the Defendant guilty of all the charges of this case on the grounds stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the legal principles as to the credibility of the victim’
In addition, there is an error of misconception of facts or incomplete deliberation concerning sentencing conditions in the judgment below.
The assertion that there was an error of deviation from the inherent limits of sentencing discretion in violation of the principle of balance of punishment, the principle of responsibility, and the principle of proportionality in the determination of sentencing by the court below constitutes an allegation of unfair sentencing.
However, under 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 has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the punishment
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.