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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
Based on its stated reasoning, the lower court convicted the victim C of fraud among the facts charged in the instant case.
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 in violation of logical and empirical rules, or by misapprehending the legal doctrine on disposal in fraud.
In addition, the argument that the court below erred in infringing on the basic contents of the principle of balance of punishment or the principle of responsibility, and the argument that the facts charged were not considered as the grounds for sentencing constitutes the argument of unfair sentencing.
However, examining various circumstances that form the conditions for sentencing as shown in the records, such as the Defendant’s age and behavior intelligence and environment, relationship with victims, motive means and consequence of the instant crime, etc., the determination of the lower court’s imprisonment with prison labor for up to one year and six months cannot be deemed extremely unfair even when considering the circumstances asserted in the grounds of appeal.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.