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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
The judgment below
Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court and the lower court’s determination that the lower court found the Defendant guilty of the violation of the Narcotics Control Act among the facts charged in the instant case on the grounds stated in its reasoning is justifiable, and contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal doctrine on the exclusion of illegally collected evidence.
In addition, the argument that the lower court’s determination of sentencing did not consider the circumstances agreed with the person who was deprived of the sentencing as the sentencing materials is ultimately unfair for sentencing.
Therefore, under 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 for the wrongful grounds for sentencing. Thus, in this case where a more minor sentence has been imposed against the defendant, the argument that the above assertion and the punishment are too unreasonable is not a legitimate ground for appeal.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.