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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 by the court below, the court below is justified in finding the defendant guilty of embezzlement among the facts charged in this case on the grounds stated in its reasoning.
In so determining, the lower court did not err by misapprehending the legal doctrine on criminal intent and intent of unlawful acquisition in the crime of embezzlement, contrary to what is alleged in the grounds of appeal.
In addition, according 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, in this case where a more minor sentence has been imposed on the defendant, the argument that the punishment is too unreasonable cannot
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.