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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. The lower court, based on its stated reasoning, affirmed the first instance judgment ordering employment restrictions to the child and juvenile-related institutions, etc., including the welfare center for disabled persons and the child-related institutions, on the grounds that the Defendant and the person requesting probation orders (hereinafter “defendants”) were convicted of the instant facts charged.
The judgment below
Examining the reasoning in light of the relevant legal principles and the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the risk of recidivism.
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 is imposed, an appeal on the grounds of unfair sentencing is allowed.
In this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.
2. As to the case of request for probation order, as long as the defendant files an appeal against a prosecuted case, the appeal shall be deemed to have been filed regarding the case of request for probation order.
However, there is no entry of reasons in the petition of appeal and there is no entry of reasons for objection in the petition of appeal.
3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.