The appeal is dismissed.

The grounds of appeal are examined.

The lower court found the Defendant guilty of the instant facts charged on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the intention of attempted murdering.

The argument that the lower court’s determination of sentencing contains an error of infringing on the essential contents of the principle of balanced criminal punishment or the principle of responsibility, constitutes an allegation of unfair sentencing.

However, according to 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 is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed on the defendant, the argument that the punishment is 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.