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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 on the grounds as stated in its reasoning. In so doing, the court below did not err by misapprehending the legal principles as to “defluence” in the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse or by misapprehending the bounds of the principle of free evaluation of evidence.
In addition, pursuant 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 more 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 punishment is too unreasonable cannot be
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.