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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
The lower court rejected the Defendant’s assertion as to the Defendant’s defectiveness, on the grounds as indicated in its reasoning.
The judgment below
Examining the reasoning of the record in light of the record, there is no error of law by misapprehending the legal principles as to the defectiveness, contrary to what is alleged in the ground of appeal.
In addition, 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
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.