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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
Examining the evidence duly admitted by the court of first instance, it is justifiable to find the court below guilty of the charge of this case.
There is no violation of law of logic and experience and the principle of free evaluation of evidence.
In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years
Therefore, in the instant case where a more minor sentence was imposed on the Defendant, the allegation of unfair sentencing that the lower court’s review of sentencing and determination of sentencing infringed on the essential contents of the principle of balanced criminal punishment or the principle of responsibility cannot be a legitimate ground for appeal.
Therefore, by the assent of all participating Justices, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.