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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
The judgment below
Examining the reasoning in light of the evidence duly admitted by the court below, the court below is just in finding the defendant guilty of the facts charged of this case on the grounds as stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the rules of logic and experience and exceeding the bounds of the free evaluation of evidence or by misapprehending the legal principles on
In addition, the argument that the court below erred by misapprehending the legal principles on sentencing by significantly deviating from the discretion of sentencing is ultimately an argument 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
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.