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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
The judgment below
Examining the evidence duly adopted by the first instance court, the lower court’s determination that the charges of this case were guilty on the grounds stated in its reasoning is justifiable, and 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 in violation of logical and empirical rules, misapprehending the legal doctrine on interpretation of Article 34(3) of the Defense and Defense Act or omitting judgment or violating the principle of clarity of the criminal justice.
In addition, the provision of Article 34 (3) of the Korean Civil Code is unconstitutional because it violates the principle of clarity of the criminal justice prescribed by the Constitution or infringes on the right to pursue happiness, the right to equality, and the freedom of occupation.
Therefore, we cannot accept the allegation of the grounds for appeal against this point.
In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.