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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
1. Examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err by violating the logical and empirical rules and by exceeding the bounds of the principle of free evaluation of evidence in the lower judgment that determined that the instant facts charged (excluding the portion not acquitted in the original trial) were recognized on the grounds
Meanwhile, under Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is permitted. As such, in this case where the defendant and the requester for an attachment order (hereinafter “defendants”) rendered a minor sentence, the argument that the amount of punishment is unreasonable is not legitimate grounds for appeal.
2. With respect to a case for which a request for attachment order is made, if the defendant files a final appeal against the case for which the request for attachment order is filed, the final appeal shall be deemed filed.
However, there is no entry of the reason in the petition of appeal and there is no entry of the reason for objection in the statement of appeal.
3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.