The appeal is dismissed.

The grounds of appeal are examined.

According to the records, it is obvious that the victims expressed their intent not to prosecute the defendant in each of the facts charged of this case which cannot be prosecuted against the clearly expressed intention of the victim is after the first instance judgment is pronounced. Thus, the court below's failure to dismiss the prosecution of this case is just and there is no error of law by misunderstanding the legal principles as to the punishment not to prosecute the defendant, contrary to what is alleged in the grounds of appeal.

In addition, the argument in the grounds of appeal concerning the sentencing conditions is the argument of unfair sentencing. According to Article 383 subparagraph 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, the argument that the sentencing of the sentence is unfair against the defendant does not constitute a legitimate ground of appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.