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The appeal is dismissed.
The “C” in the indication of the appellant of the lower judgment shall be “B”, and the “C” in the disposition shall be “B”.
Reasons
We examine the grounds of appeal.
According to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years has been pronounced, the judgment of the court below affected the conclusion.
An appeal may be filed on the ground that there exists a significant reason to recognize the amount of punishment or that the amount of punishment is extremely unfair.
Therefore, in this case where a more minor sentence is imposed on the defendant, the argument that the court below's decision on the selection of evidence and its probative value or its factual findings based on it is not a legitimate ground for appeal, and that the appeal pointing out the misapprehension of the legal principles based on the facts acknowledged by the court below is too unreasonable, cannot be a legitimate ground for appeal.
Therefore, in accordance with Article 380(2) of the Criminal Procedure Act, the final appeal shall be dismissed, and since there is an obvious error in the indication and order of the appellant of the lower judgment, it shall be revised pursuant to Article 25(1) of the Regulations on Criminal Procedure. It is so decided as per Disposition by
February 28, 2020