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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, the lower court was justifiable to have found the Defendant guilty of serious injury among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules,
In addition, the argument that the lower court erred by violating the presumption of innocence and infringing the Defendant’s right to defense is ultimately an unreasonable sentencing argument.
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 is unfair
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.