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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 lower court, the lower court was justifiable to have determined that all of the facts charged in this case was guilty on the grounds as stated in its reasoning. In so doing, 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, or by misapprehending the legal doctrine on forced indecent act and confinement,
In addition, the argument that the judgment of the court below erred by exceeding the inherent limit of sentencing discretion is ultimately an unfair argument in sentencing.
Therefore, under 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 more than ten years has been imposed, an appeal is permitted for the wrongful grounds for sentencing. As such, the argument that the determination of a sentence is unfair is not a legitimate ground for appeal in this case where a minor sentence has been 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.