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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, the lower court’s determination that found the Defendant guilty of violating the Punishment of Violences, etc. Act (Habitual Injury) among the facts charged in the instant case on the grounds stated in its reasoning is justifiable. In so doing, the lower court did not err by misapprehending the legal doctrine on the crime of violation of the Punishment of Violences, etc. Act (Habitual Injury) against logical and empirical rules, contrary to what is alleged in the grounds of appeal.
Meanwhile, pursuant to Article 383 subparag. 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 is imposed, an appeal may be filed on the grounds of unfair sentencing. 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.