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The appeal is dismissed.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
According to the records, the defendant appealed from the judgment of the court of first instance, and claimed a mistake of facts along with the unfair sentencing, but withdrawn a mistake of facts during the fifth trial of the court below, and only left the grounds for unfair sentencing as the grounds for appeal.
In this case, the argument that the court below erred in mistake of facts, incomplete deliberation, or misunderstanding of legal principles cannot be a legitimate ground for appeal.
On the other hand, even in light of the records, the lower court’s error in the proceedings of trial as alleged in the grounds of appeal does not seem to have any error affecting the conclusion of the judgment.
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, the argument that the Defendant’s 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.